Nauru

'artisanal fishing' means small-scale fishing whether subsistence or commercial providing for local consumption but does not include export, such as gleaning, use of small boats and canoes; ... 'coastal fisheries' means fishing activities targeting marine resources occurring within the coastal fisheries waters of the Republic; 'coastal fisheries waters' means the internal waters and the territorial sea of the Republic; ... 'subsistence fishing' means any fishing activity carried out primarily for personal consumption, excluding game fishing.

(2) The Minister shall: (a) determine national policies; (b) designate fisheries management areas; (c) designate marine protected areas; (d) declare closed seasons; (e) where necessary, impose control and management measures on fishing effort and catch; and (f) appoint one or more committees as he or she deems necessary to advise and make recommendations on any areas under his or her authority.

23 Determination of allowable catch in coastal fisheries waters (1) The Minister shall determine the total allowable catch, the total applied effort or a combination of the same in coastal fisheries waters. (2) In determining the total allowable catch, the total applied effort or a combination thereof, the Minister shall apply necessary catch quotas or size limits: (a) in a particular area; (b) in respect of a particular species or a group of species of fish; or (c) in respect of the use of a particular gear, fishing methods or the type of fishing vessel.

24 Closed seasons (1) Where necessary, the Minister may by notice in the Gazette declare a closed season. (2) A declaration by the Minister under subsection (1) may include the: (a) closed season period; (b) type of fish, fishery, fishing method or other parameters, as the case may be; and (c) specific area. (3) For the purpose of this Section, 'closed season' means the period of time during which fishing is not permitted in a specified area or areas in coastal fisheries waters. (4) A person who contravenes this Section commits an offence and upon conviction is liable to a fine not exceeding $10,000.00 or to a term of imprisonment not exceeding 6 months or to both.

62 Prohibited fishing methods and practices (1) No person shall: (a) permit to be used, use or attempt to use an explosive, firearm, poison or any other noxious substance for the purpose of killing, stunning, disabling or catching fish or for any related purpose; or (b) carry or possess or control without lawful authority an explosive, firearm, poison or any other noxious substance in circumstances indicating an intention of using that substance for any of the purposes referred to in paragraph (a). (2) An explosive, firearm, poison or any other noxious substance found on board a fishing vessel shall be presumed, unless the contrary is proved, to be intended for the purposes referred to in subsection (1)(a). (3) No person shall land, sell, receive or possess fish taken by any means in contravention of any provision under this Section and who knows or has reasonable cause to believe that the fish has been so taken. (4) A person who contravenes subsection (1) or (3) commits an offence and upon conviction is liable to a fine not exceeding $10,000.00 or to a term of imprisonment not exceeding 12 months or to both.

63 Possession of prohibited gear (1) No person on board a fishing vessel shall use, possess or have control of: (a) any gear which does not conform to the standards that may be prescribed by Regulations for that type of gear; or (b) any gear which is prohibited as prescribed by Regulations. (2) A person who contravenes subsection (1) commits an offence and upon conviction is liable to a fine not exceeding $10,000.00 or to a term of imprisonment not exceeding 12 months or to both.

'Community fisheries management areas' means coastal fishing areas that have been declared by the Minister to be managed by district communities for the purpose of protecting the coastal fisheries and marine resources to ensure its long-term sustainability; ... 27 Community fisheries management area plans ... (2) A community fisheries management area plan shall: ... (f) specify conservation and management measures to be applied to the fishery; (g) specify the process for the allocation of any fishing rights or additional catch quotas by species ...

'fishing' means - (a) searching for, catching, taking or harvesting fish; or (b) attempting to search for, catch, take or harvest fish; or (c) engaging in any other activity which can reasonably be expected to result in the locating, catching, taking or harvesting of fish; ... 'fisheries waters' means the internal waters, the territorial sea, the exclusive economic zone and any other waters over which the Republic claims jurisdiction;

A person who permits to be used, uses or attempts to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish [commits an offence, with penalties up to $5,000]. Substances found aboard vessels are presumed intended for illegal fishing unless proven otherwise. [Reg 41(3): persons who land, sell, receive or possess fish taken using prohibited methods face fines up to $1,000 and/or two years imprisonment if done for commercial purposes.]