Vanuatu

76 Diving equipment (1) Subject to subclause (2), a person must not use for the purpose of fishing: (a) a self-contained breathing apparatus; or (b) any diving equipment that utilizes compressed gas or surface supplied air. (2) The Director may in writing authorize a person to use a breathing apparatus referred to in paragraph 1(a) or diving equipment mentioned in paragraph 1(b) if the Director is satisfied that the person is a certified diver who possesses a scuba or hookah diving certificate. (3) A person must apply in writing to the Director to use: (a) a self-contained breathing apparatus; or (b) any diving equipment that utilizes compressed gas or surface supplied air. (4) A breathing apparatus licence must be in the form set out in Schedule 31. (5) The fee payable for the issuing or renewal of a breathing apparatus licence is VT10,000 per year for each company. (6) A person authorized under subclause (2) must keep a dive log and must submit the dive log to the Director every month for inspection. (7) An authorization is subject to such other conditions as the Director may specify in writing.

57 Diving for fish (1) A person must not capture or dive for fish in a marine reserve area as designated by the Minister under the Act. (2) Despite subclause (1), the Minister may in writing authorize a person on such conditions as he or she may specify to capture or dive for fish from a marine reserve for the purpose of carrying out a research or for breeding the species.

88 Closed areas (1) A person must not fish for ornamental products, or related activities within 1 Kilometre of a closed area. (2) A closed area referred to in subclause (1) includes any of the following: (a) a known tourist diving spot; (b) a declared taboo area; (c) a declared closed in-shore coastal area; (d) a marine reserve or a park; (e) a marine sanctuary; (f) a community protected area.

51 Rock lobster (1) For the purposes of this clause, rock lobster means a crustacean of the genus Panulirus. (2) A person must not take, harm, have in his or her possession, sell or purchase: (a) any rock lobster carrying eggs; or (b) any rock lobster: (i) which is less than 22 centimetres in length when laid flat and measured from immediately behind the rostral horns to the rear edge of the telson; or (ii) whose carapace is less than 7.5 centimetres when measured along the mid-line from immediately behind the rostral horns to the rear edge as illustrated in Schedule 22. (3) A person must not harm, capture or attempt to kill any rock lobster by using spears or any sharp objects. (4) A person must not remove the eggs from a rock lobster or have in his or her possession, sell or purchase a rock lobster from which the eggs have been removed.

52 Slipper lobster (1) For the purposes of this clause, slipper lobster means a crustacean of the species Parribacus caledonicus. (2) A person must not, take, harm, have in his or her possession, sell or purchase: (a) any slipper lobster carrying eggs; or (b) any slipper lobster which is less than 15 centimetres in length when laid flat and measured from the front edge of the carapace to the rear edge of the telson as illustrated in Schedule 23. (3) A person must not harm, capture or attempt to kill any rock lobster by using spears or any sharp objects. (4) A person must not remove the eggs from a slipper lobster or have in his or her possession, sell or purchase a slipper lobster from which the eggs have been removed.

63 Coconut crab (1) For the purposes of this clause, coconut crab means a crustacean of the species Birgus latro. (2) A person must not, take, harm, have in his or her possession, sell or purchase: (a) any coconut crab carrying eggs; or (b) any coconut crab which is less than 9 centimetres in length when measured along the carapace from immediately behind the rostral horn to the rear edge of the carapace in the mid-line, as illustrated in Schedule 28. ... 65 Prohibition to take coconut crabs during closed season A person must not kill, injure, or take, any coconut crab during the closed season. 67 Closed season (1) In relation to the Torba Province, closed season means the period beginning on 30 August to 1 November of any year. (3) In relation to the island of Maewo, closed season means the period beginning on 1 November to 30 April of any year. (4) In relation to the island of Erromango, closed season means the period beginning on 1 September to 31 March of any year.

59 Marine Turtles (1) A person must not: (a) take, kill, have in his or her possession, export, sell or purchase any or all of the following turtle of the species: (i) Dermocheyles coriacea known as leatherback turtle...; (ii) Eretmochelys imbricate, known as the hawksbill turtle...; (iii) Chelonia mydas, known as the green turtle...; or (b) take, have in his or her possession, sell, purchase or export any shell of the turtle species referred to in paragraph (a); or (c) interfere with or disturb in any way a turtle nest or any turtle that is in the process of preparing to nest or laying eggs; or (g) harm, capture, kill, consume, sell, purchase, export or destroy any turtle species (hatchlings, juveniles or adults) including by use of any weapon.

102 Marine reserves (1) The Minister may, after consultation with: (a) the owners of an adjoining land; and (b) any other parties with traditional tenure rights of the said waters; and (c) the appropriate Provincial Government Council, declare an area of Vanuatu waters and the seabed underlying those waters to be a marine reserve. (2) A person who, except with the written permission of the Minister, within a marine reserve: (a) engages in fishing; or (b) takes or destroys any coral; or (c) dredges or takes any sand or gravel; or (d) otherwise disturbs the natural habitat; or (e) takes or destroys any wreck or part of a wreck; commits an offence punishable on conviction by a fine not exceeding VT100,000,000. (3) The Minister may make regulations in relation to the establishment, management and protection of marine reserves.

92 Establishment of Vanuatu Marine Mammals Sanctuary (1) The Vanuatu Marine Mammals Sanctuary is established. (2) The Vanuatu Marine Mammals Sanctuary comprises all Vanuatu waters. (3) The purpose of the Vanuatu Marine Mammals Sanctuary is to give formal [protection to marine] mammals in Vanuatu waters in accordance with international law. 93 Protection measure (1) A person must not kill, harm, harass, take or move a marine mammal in the Vanuatu Marine Mammals Sanctuary. (2) A person must not: (a) possess, hold in captivity or restrict the movement of any marine mammal in the Vanuatu Marine Mammals Sanctuary; or (b) possess a part of a marine mammal, or a product produced from a marine mammal, taken in the Vanuatu Marine Mammals Sanctuary. ["marine mammal" is defined in the Act as including all species of whales, all species of dolphins, all species of porpoises and dugongs.]

100 Prohibited fishing methods (1) A person must not: (a) permit to be used, use or attempt to use any explosive, poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish, or in any way rendering fish more easily caught; or (b) carry or have in his or her possession or control any explosive, poison or other noxious substance in circumstances indicating an intention to use such substance for any purpose referred to in paragraph (a).

[The Minister may make regulations] (l) regulating or prohibiting the use of self-contained underwater diving apparatus for use in fishing, spear guns and other similar equipment.

recreational fishing means fishing done for leisure and without regard to earnings, gain or profit;