Tuvalu Fisheries Laws and Relevant Judgements

Matelina Stuart  Legislation  , ,

Tuvalu-crestLaws, Regulations and other Instruments applying to Fisheries in Tuvalu:

Descriptions & Explanatory Notes:

The legal system and rules in Tuvalu with respect to fishing activities, including fishing laws, fisheries acts, decrees and administrative regulations concerning fishing activities and fisheries, relevant legal provisions on infringements, relevant customs procedures, relevant tax provisions etc.

The Marine Resources Act Revised Edition is the main law dealing with fisheries in Tuvalu – this copy amalgamates the two earlier documents.

The main features of the Revised Act are:

  • Establishing the objective of ensuring the long-term conservation and sustainable use of the living marine resources for the benefit of the people of Tuvalu.
  • The Minister responsible for fisheries has the authority for the conservation, management, development and sustainable use of the living marine resources in the EEZ of Tuvalu;
  • The Minister must take into account 15 stated principles and measures in the conservation, management, and development of fisheries;
  • The Minister has the power to administer fisheries and make regulations as needed;
  • The Minister may appoint in writing a fisheries officer and such other officials as needed to discharge fisheries-related functions;
  • The Minister may declare that a fishery important to the national interest is a “designated fishery”;
  • The Fisheries Officer shall prepare a management plan for each designated fishery;
  • Requirements for each fisheries management plan are specified;
  • All vessels engaged in fishing must have a valid/applicable permit or a valid/ applicable license under a multilateral access agreement in accordance with the Act;
  • The transhipment of fish in the Tuvalu EEZ is regulated;
  • The requirements for a Tuvalu fishing vessel operating outside of Tuvalu waters are given.

The Marine Resources Revised Act  implements a number of changes to the principal act which are intended to ensure that Tuvalu’s international, regional and national rights and responsibilities in relation to fisheries conservation, management and development are accommodated. The Amendment significantly increased the level of penalties for various types of offences under the Act.

The two regulations under the Marine Resources Act: the Fisheries (Vessel Monitoring System) Regulations (2000) which require the use of automatic location coordinators by commercial fishing vessels operating in Tuvalu waters; and the Conservation and Management Measures (PNA Third Implementing Arrangement) Regulations 2009 contain provisions for the implementation of a number of measures agreed by PNA and the Vessel Monitoring System Regulation.

In order to implement WCPFC management measures and resolutions, the Fisheries Department has developed a template access agreement as an effective and efficient way of implementing conservation and management measures adopted. This is an appropriate approach in Tuvalu because virtually all the fishing activity affected is conducted by foreign industrial fishing vessels. Domestic small-scale tuna fishing takes place entirely within the territorial sea and is not subject to WCPFC management measures.

The Maritime Zones Act (2012) repealed the earlier Marine Zones (Declaration) Act of 1993 and provides the framework for establishing the following maritime zones in Tuvalu;

  • Declaration of Archipelagic Baselines 2012 (results in an archipelago comprising Nukufetau, Funafuti and Nukulaelae)
  • Declaration of Territorial Sea Baselines 2012
  • Declaration of the Outer Limits of the Territorial Sea 2012
  • Declaration of the Outer Limits of the Exclusive Economic Zone 2012
  • Declaration of the Outer Limits of the Continental Shelf 2012

The Falekaupule Act 1997 (revised 2000), which empowers Kaupule (island councils) to ‘provide for the improvement and control of fishing and related industries in accordance with the Fisheries Act and ‘to prohibit, restrict or regulate the hunting, capture, killing or sale of animals, reptiles, birds or fish in accordance with the Wildlife Conservation Act’: and the Funafuti Conservation Area Order (1999), promulgated under the Conservation Areas Act of 1999.

Tuvalu Fisheries Department hosts successful training program to boost marine conservation efforts

Matelina Stuart  Admin, Coastal  , , , ,

Tuvalu – In a significant step towards strengthening marine conservation efforts, the Tuvalu Fisheries Department recently organized an extensive diving training program aimed at equipping 11 local divers, 8 Fisheries officer, 2 officers from the Kaupule Funafuti and an officer from the Marine & Port services Department.

The training program spanned over a week and was conducted in collaboration with seasoned diving instructor and environmental expert, Mr Greg Buxton of Suva Scuba in Fiji.

The training involved theory work in the classroom and at home with a final exam, followed by four days of open-water training beginning in shallow depths and progressing to a final dive at 18 meters on a wreck in the lagoon using the new Fisheries research vessel, Manaui II.

“Fisheries work is essential to Tuvalu’s economy,” the chief instructor of Suva Scuba remarked. To achieve that, it is essential to keep track of the condition of the fish and reefs. SCUBA diving is a crucial monitoring tool, thus it’s crucial that divers receive the right training to keep them safe. He continued, “We hope to continue the training program in the future to broaden the divers’ scope and elevate them to the status of internationally recognized Scientific Divers.”

The LMMA Fisheries Officer, Mr. Lavata Nivaga, said, “I find this scuba diving training interesting. By fusing my passion of the sea with my newly acquired diving abilities, which now directly support the preservation and protection of Tuvalu’s marine ecosystem. He further stated that he hoped to receive advanced scuba training in the future.

The success of the diving training program marks a positive stride in Tuvalu’s ongoing efforts to address environmental challenges and climate change impacts on its vulnerable coastal regions. With these newly trained divers, the island nation is better positioned to survey marine habitats, detect any potential threats, and foster a culture of sustainability among its citizens.

As the training concluded, participants expressed their excitement and determination to apply their newfound knowledge for the betterment of Tuvalu’s marine heritage. The Tuvalu Fisheries Department plans to conduct regular follow-up trainings and continued engagement with the trained divers, ensuring their efforts contribute to the long-term protection of the nation’s marine resources.

INVITATION FOR QUOTATION

Matelina Stuart  Admin, Operations & Development  , , , ,

The TFSP2 project wishes to buy the following sea safety equipment for the Fisheries Grab Bag Programme:

50 ACR ResQlink PLBs

84 Cobra 500 handheld VHF radios

57 Garmin GPS73 Hand Held GPS

For supply by DHL to Funafuti, Tuvalu.

For further information please Click on the provided link to download the attached request for quotes: RFQ – Sea Safety Equipment 2.pdf

Responses before 16.30 on 14th July 2023 please

Tuvalu Fisheries on the move to establish the Tuvalu Fisheries Authority

Matelina Stuart  Admin  , , , , , , , ,

In the last three weeks, six fisheries officers visited each of Tuvalu’s outer islands to speak with the local populations about the proposed Tuvalu Fisheries Authority Bill, which would govern the management and future development of the marine resources in our nation.

The Manaui II, a department research vessel, carried the six-person team. The open community gathering with representatives from each island was followed by a session with Kaupule members to report the outcomes and get their opinions. Samasoni Finikaso, the director of fisheries, served as the team’s leader.

More than 60 attendees who spoke at the meetings, representing each of the eight islands, expressed support for the notion of turning the Tuvalu Fisheries Department into an Authority. Additionally, they added their recommendations to the Authority Bill in accordance with the discussion’s records and findings.

Cabinet decided to adopt the Fisheries Authority model after deliberating a High-Level Options Paper (HLOP) on Tuvalu’s future fisheries governance arrangements in January 2022. The proposed Authority’s scope and structure were reviewed by Cabinet in November 2022, and the Ministry was given the go-ahead to start preparing a stand-alone Bill to form the Authority.

A draft of the Bill has been created and sent to Cabinet for review. Cabinet recommended at their meeting in April that a nationwide survey be conducted before submitting this Bill for the July session of Parliament for its first reading.

Application for Tuvalu Fisheries Observers

Matelina Stuart  Oceanic, Vacancies  , , , ,

The Tuvalu Fisheries Department will be conducting a 5 weeks Fisheries Observer Basic Training Course from the 02nd October to 03rd November this year, 2023.

Fisheries Observers work aboard commercial fishing vessels, where they are the eyes and ears of our Tuvalu Government.  They collect biological and compliance data that assists scientists, fisheries enforcement officers and economists to provide the advice and support that managers need to make wise decisions on the future use of this important resource.

The work is rewarding and challenging, requiring dedicated, honest and tough individuals, who can work long hours, can be away from home long periods and often in very difficult conditions at sea and can communicate and interact well with different people while at the same time, be considerate and conscious of the sensitivity of the environment they are working in.

Tuvalu Fisheries Department now invites applications from both gender (both Male and Female) Tuvaluan citizens for this up-coming training.

Applicants must meet the following minimal requirements:

  • Age: Applicants must be at least 18 years of Age (minimum age), but not above 45 years (maximum age)
  • Birth Certificate or Passport: Applicants must provide a copy of their Birth Certificate or copy of their passport bio data page to be attached with their application form when submitting.
  • Education: Applicants must have at least completed Form 6 or equivalent to Form 6 level of Education.
  • Academic Confirmation; Applicants must provide a copy of their School certificate or a written and signed document from the Ministry of Education or their former school Principal confirmation their level of Education attained.
  • Police Clearance: Applicants must provide a Police Clearance record to be attached with their application form when submitting.
  • Medical Report: Applicants must provide a Medical Report to be attached with their application form when submitting.
  • Language: English is the Business Language of this profession and thus, it is encourage that applicants must be able to write and speak English to a minimum level of acceptance
  • Citizenship: Must be a Citizen of Tuvalu
  • Applicants who satisfies all application requirements will be notified to sit for a pre-selection or pre-entry exam on the 30th of August, 2023.

Due to limited spaces available, only the top 20 applicants with the highest scores obtained during the pre-selection exam will be invited to attend the Tuvalu Observer Basic training on the 02nd of October, 2023.

N.B: Completion of this course does not lead to full-time employment.  Successful candidates achieving satisfactory results will be awarded a Pacific Island Regional Fisheries Observer (PIRFO) Recognized Certificate that will qualify them to take up contracts with Tuvalu Observer Programme and other Regional and Sub-regional Observer Service Providers.

Tuvalu Fisheries Department currently offers contract for observer services on a trip-by-trip basis.

All applications should be addressed to:

The Director of Tuvalu Fisheries Department

Basic Fisheries Observer Training

Tuvalu Fisheries Department,

Teone, Funafuti

Ph: (688) 20343

Closing Date of Applications is 14th July, 2023

Korea and the Government of Tuvalu have held bilateral talks about ODA projects in Tuvalu

Matelina Stuart  Admin  , , , ,

Officials of the Ministry of Fisheries and Trade of the Government of Tuvalu met on June 5th, 2023 on Funafuti with delegations from the Ministry of Oceans and Fisheries of Korea, Korea Rural Community Corporation, Korea Overseas Fisheries Cooperation Center, Coastal and Harbor Engineering Corporation and Korea Overseas Fisheries Association to discussed ODA projects in Tuvalu.

Mr. Jae Young Lee, Director for Distant-Water Fishing Division from the Ministry of Oceans and Fisheries of Korea and his team from Korea reviewed an outline of the ODA project. This includes, building a community center (Fisheries Training Centre), a jetty, store and boatshed for the Tuvalu Fisheries Department and installation of solar panels for the two markets, NAFICOT & FOFA.

Korea gave a detailed presentation (PPT) explaining the 80 meters overall length of the jetty and its straight shape. Small fishing boats will be able to land alongside a new dock area which will be reclaimed. A 19 to 21 meter vessel may dock at this jetty, and more than 50 small fishing vessels can be berthed simultaneously, according to Korea. A hydraulic crane will be mounted on the jetty for loading and unloading of vessels.

Korea also assessed the Fisheries Community Center, which was planned to be constructed of concrete. Korea would implement the design in accordance with Korean construction requirements.

Apart from these discussions they also considered capacity building for Tuvalu Fisheries officers, and the planning of events. Korea inquired about Tuvalu’s intentions to organize an event to promote the ODA project in which responds to climate change and also introducing Korean culture. A large function is planned for October/November to mark the start of the Project.

The team from Korea also had the opportunity to repair and deliver training on operating a new fish smoker and ice machine.
The Korean ODA project will start construction work in early 2024, and is expected to take three years to complete.

The Tuvalu Government sincerely appreciate the generous support and effort made by the Korea for this project and will fully cooperate for the success of the project.

Request for Quotations: Long-term Consultancy on development of a sanitary Competent Authority for the Tuvalu Fisheries Department

Matelina Stuart  Vacancies  , , , ,

The Tuvalu Fisheries Department (TFD), implementing the New Zealand funded Tuvalu Fisheries Support Programme Phase 2 (TFSP2), is seeking expressions of interest from suitably qualified and experienced consultants to lead the development of a Competent Authority (CA) to allow the export of tuna caught by Tuvalu-registered vessels to the European Union. Download details of the terms of reference by clicking on the link provided: Terms of Reference – CA Consultant

Proposals should be sent by email to michaelb@tuvalufisheries.tv and should reach him by 5.00 p.m. local time (in Tuvalu) on Monday 26th June 2023. Any questions on the proposed consultancy can be sent to the same email address and will be answered within 3 working days.

This request for proposals should not be construed as an offer to any consultant contacted. TFD reserves the right to reject any or all proposals, and to negotiate with any bidder if the original proposal is not acceptable.

Vacancy: Funafuti data collector for the Tuvalu Fisheries Department (19-26th May 2023)

Matelina Stuart  Vacancies  , , , , , ,

The Tuvalu Fisheries Department is inviting suitably qualified young men and women of a minimum age of 18 years to fill the vacant position of Outer Island Data Collectors (OIDCs) for the islands of FUNAFUTI.

Applicants must be physically and mentally fit and should be a permanent resident of the island of Funafuti, as the selection will be island-based. The objective of the recruitment is to create a team of data collectors to collect information on fishing activities and catches on the islands of Tuvalu on behalf of the Fisheries Department.

Scope of Work

Each data collector will be responsible for organizing his/her time to interview fishermen, collect data and properly measure and weigh all fishes caught and landed by fishermen in sample landings. All data collected will be transmitted to the Tuvalu Fisheries Department by hard copy.

Data Collectors are under the supervision of the Principal Fisheries Officer (PFO): Coastal Fisheries and Senior Fisheries Officer (SFO): Management (Outer Islands) and their responsibilities will include:

  • Carrying out regular data collections of all fisheries activities being undertaken on the Funafuti island through meeting fishers as they land their catch, and recording all data required in English or/and Tuvaluan;
  • Undertaking training in Funafuti as may be required by the PFO or SFO;
  • Maintain all equipment and report losses, or breakages immediately with minimal disruptions;
  • Undertake regular self-training using books, electronic or other sources to learn the scientific names of all fished resources, continuously improving personal knowledge as time goes on;
  • Carefully maintaining all data collected, checking them, ensuring they are complete, storing them safely and submitted them to the TFD;
  • Attending meetings with fishers, the Kaupule, Falekaupule or community held by Coastal staff on Funafuti during awareness and community reach out programs;
  • Assisting with logistics and surveys being carried out by Coastal Staff during their regular metronome trips;
  • Carrying out any other fisheries-related tasks as may be assigned by the PFO or SFO.
  • Attend to the office on a weekly basis every Friday to assist on Data entry and other relevant data related office work.

Qualifications & Experience

  • Applicants are required to have reached Form 4 level from a recognized secondary school;
  • The ability and willingness to organize sampling schedules within the work time allocated, and efficiently gather data from fisher’s landing their catches at night or very early morning;
  • Willingness to continuously improve their ability to scientifically identify all fished species and do on-going work;
  • Possess outstanding data collection skills to ensure data are accurate and fully recorded;
  • Good inter-personal communication skills;
  • Good command of written English and the ability to translate Tuvaluan on-the-fly to English for recording responses on the datasheets;
  • Ability to meet deadlines; and,
  • Any kind of tertiary qualification in science, especially biology, previous work-experience in any type of data collection, particularly in a fisheries-related field is an advantage.

Detailed terms of reference of these positions, remuneration package and other relevant information are available for collection at the Coastal Management Unit of the Fisheries Department Office or by sending an email to  samf@tuvalufisheries.tv; 

All applications are required to be addressed to the Director of Fisheries, Tuvalu Fisheries Department, Teone, Funafuti before 4:00pm on 26th May, 2023 by either hard copy or email to samf@tuvalufisheries.tv; before the closing date and time mentioned.

Application Checklist

Please ensure you attach all the following information as your application:

  • Application cover letter outlining your experience and suitability for the post
  • Curriculum Vitae (CV) including the following headings:
    • Name, Expertise, Nationality, Address & contacts
    • Qualifications: highest school, certificates and other
    • Languages and level of proficiency (Native, Excellent, Good, Basic)
    • Affiliations if any (e.g. membership to associations, NGOs)
    • Countries of work experience, if any
    • Employment history, including past job and projects
    • Names of 2-3 referees
  • Transcripts of Education, Qualifications, Certificates, etc.

REQUEST FOR EXPRESSIONS OF INTEREST: PROPER Operational Manual – Consultant

Matelina Stuart  Vacancies  , ,

The Tuvalu Fisheries Department has received an advance financing from the World Bank/International Development Association (WB/IDA) for the preparation of the second phase of the Pacific Islands Regional Oceanscape Program (PROP) which will be called the Pacific Islands Regional Oceanscape Program for Economic Resilience (PROPER), and intends to apply part of the proceeds for consulting services.

The consulting services (“the Services”) include an Individual Consultant to prepare and develop the PROPER – Project Operational Manual (POM). The duration of the assignment is 30 days over a 3 months period during the project’s preparatory phase. The objective of the consultancy is to develop a POM for the PROPER project in close consultation with key stakeholders; the TFD, the Tuvalu Central Project Management Office (CPMO) and WB. A lump-sum contract will be signed with the successful consultant with payment against deliverables.

The detailed Terms of Reference (TOR) for the assignment can be accessed at the following link: Terms of Reference: PROPER Operational Manual – Consultant

The Tuvalu Fisheries Department now invites eligible individuals (“Consultants”) to indicate their interest in providing the Services. Interested Consultants should provide information demonstrating that they have the required qualifications and relevant experience to perform the Services (attach curriculum vitae with description of experience in similar assignments, similar conditions, etc.). Firms’ staff may express interest through the employing firm for the assignment and, under such situation, only the experience and qualifications of individuals shall be considered in the selection process. The criteria for selecting the Consultant are:

  • A post-graduate degree in relevant discipline:- management, organizational development, law, finance, or business administration;
  • At least 10 years in recent and relevant project management assignments, preferably for WB projects;
  • A minimum of 5 years working on donor funded project in the Pacific region
  • Possess experience in the development of POMs for WB projects;
  • Excellent command of written and spoken English.

The attention of interested Consultants (including firms) is drawn to paragraph 3.14, 3.16 and 3.17 of the World Bank’s Procurement Regulations for IPF Borrowers 2020 (“the Regulations”), setting forth the World Bank’s policy on conflict of interest.

Further information can be obtained at the Tuvalu Fisheries Department Office, Teone, Funafuti during office hours i.e. 0830 to 1630 hours.

Expressions of interest must be delivered in a written form to the address below (in person, or by mail, or by e-mail) by April 17, 2023.

Tuvalu Fisheries Department (TFD)
Attn: Mr. Samasoni Finikaso; Director of TFD
Teone, Funafuti,
Tuvalu Tel: +688 20348
E-mail: proptuv@gmail.com

20 Participants received certificates in tuna processing and sea safety training

Matelina Stuart  Admin, Operations & Development, Uncategorized  , , , , , ,

Twenty people, including men and women, received training on tuna processing and sea safety over the course of the last two weeks at Teone.

The aim of the tuna processing training was to minimize waste fish by using all the offcuts, etc., to make delicious products. This was hosted by NAFICOT and used their facilities.

The sea safety training showed local fishermen some ways they might increase their chances of survival if they were lost at sea. This was based at the Fisheries Department office.

Kelvin Passfield, a consultant from Rarotonga, led the training with help from Laitailiu Seono, a local consultant, and Vitolia Famasino, the FAO project officer.

The first week of the training consisted of practical hands-on instruction for 14 persons in the preparation of tuna samosas, tuna bacon, tuna jerky, tuna burgers and tuna sausages. “There are numerous ways to enhance the flavor of tuna while reducing waste” according to Kelvin Passfield.

Six fishermen received training on sea safety, including how to rig a sail so that a boat can be sailed back to the island in case of engine failure. “By being well-prepared and bringing along a few extra goods in your boat, you can increase your chances of survival if you become lost at sea.” Kelvin said. He continued by expressing his admiration for everyone’s passion and how much he enjoyed teaching them. He encouraged participants to share what they had learned with others.

One of the participants acknowledged Mr. Kelvin for presenting this information, which they believe to be crucial given that Tuvalu relies primarily on marine resources for its food supply and the high cost of imported foods. And, of course, they are eager to have more of these training events with new ideas in the future.

The FAO FishFAD Project managed and funded the tuna processing and marine safety training with support from TFD staff.