Tuvalu

The Minister may take measures in accordance with this Act for the conservation and management of fish in the fishery waters. Such measures shall be based on a precautionary approach consistent with national and international standards applicable in Tuvalu, and may include, inter alia: (a) protection of artisanal fisheries, after consultation with the relevant Falekaupule; (b) designating open or closed seasons for any area of the fishery waters, and any species of fish or any period of time or all times; (c) designating prohibited fishing areas for all fish or certain species of fish or certain methods of fishing; (d) prohibiting the taking of fish, from any area, that are less or greater than a specified size or dimension; (e) prohibiting or limiting the taking of fish, from any area, by a specified — (i) method, gear, equipment or instrument; (ii) class of persons; and (iii) class of vessels; (f) limiting the amount, size, or weight of fish or any species of fish which may be caught or sold; (g) prohibiting the disturbance or interference with the breeding or nesting area of any fish in a specified area during any specified period of time; (h) specifying minimum mesh sizes for fishing nets; (i) declaring that any specified area is a protected area as a: (i) marine park; (ii) marine reserve; or (iii) site of special scientific or historic interest.

Local fishing vessels are exempted from the requirements of this section for purposes of subsistence fishing in the fishery waters.

“subsistence fishing” means fishing by a person resident and domiciled in Tuvalu substantially for personal consumption, and does not include any fishing resulting or intending or appearing to result, directly or indirectly, in selling or trading any fish which may be taken during the fishing operations;

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; (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; (b) carry, permit to be carried, possess or control any: (i) chemical, poison or noxious substance or material whether of manufactured or natural origin; (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); (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; (ii) dynamite, or any explosive substance or device, for any of the purposes referred to in paragraph (a).

A person who uses for fishing or has on board a vessel in the fishery waters: (a) any net, the mesh size of which does not conform to the minimum mesh size for that type of net as required or prescribed pursuant to this Act; (b) any fishing gear which does not conform to standards required pursuant to this Act for that type of fishing gear; or (c) any fishing gear which is prohibited by this Act, including without limitation a driftnet; shall be liable on conviction to a fine of $250,000 and to imprisonment for 6 months.

With respect to spearfishing management, he makes the following observations. Nukulaelae: The Control of Faapuku and Kaumu Bye-Law of l984, fishing with nets or spear for faapuku (Epinephelus macrospilos) and kaumu (possibly Epinephelus merra) is prohibited June through August. Some informants suggested that spear fishing has since been banned everywhere and at all time. Nukufetau: Spear fishing has supposedly been forbidden, but observance of such laws is not very good on this island. Nanumea: The Council of chiefs has banned the use of spears within the reef. This is so the old people can easily get fish with hook and line inside the reefs, while the young people can spear fish along the outer reef slope. Nanumaga: In l985 the Council of Chiefs banned the use of spears as well as anchoring on the reef. Observance of these laws is said to be good. Niutao: In l987 a bye law was proposed to ban spearing inside the reef, but it is not certain that such a law was enacted. Nui: No spearing is allowed anywhere. Vaitupu: Spear fishing and net fishing are forbidden.

Section l of Schedule 3 of the national government’s Local Government Act, permits island councils “to provide for the improvement and control of fishing and related industries” and “to prohibit, restrict or regulate the hunting, capture, killing or sale of animals, reptiles, bird or fish or any specified kind of animal, reptile, bird or fish.”