Legal debate over fishing license revocation

In Tahiti, a legal debate has emerged regarding whether a fisherman convicted of capturing turtles can have his license revoked if the acts were committed outside of his professional activity.

Court decision highlights regulatory loopholes

A court decision highlighted loopholes in the regulation, prompting three Tavini officials—Teremuura Kohumoetini-Rurua, Ruben Teremate, and Ah Ky Temarii—to propose expanding possible sanctions, including those related to narcotics.

Cesec supports proposal with modifications

The Cesec, a regulatory body, rendered a favorable opinion on Tuesday with 31 votes in favor and 7 abstentions, but requested several modifications to avoid disproportionate sanctions.

Bill targets illegal fishing and narcotics

The discussion began with a case of illegal turtle fishing that reached the Paris administrative court of appeal. To address the legal gap, the Tavini representatives submitted a bill aimed at toughening the disciplinary regime for professionals in deep-sea fishing.

Bill distinguishes between shipowners and crew

The bill distinguishes between the shipowner and his crew, stating that the personal fault of a crew member should not result in a sanction against the shipowner. However, the Cesec noted several difficulties, including the mandatory onboard card for professional fishermen, which has not been issued since the reform of the seafarers' status in December 2025.

Debate on narcotics and personal consumption

The debate on narcotics was particularly animated, with the Cesec noting that the proposed wording could allow sanctioning a fisherman for simple consumption of pakalolo that resulted in a definitive conviction. It recommended limiting the measure to trafficking committed with professional maritime means.

Concerns over reintegration and fairness

Thierry Mosser opposed this restriction, citing issues of integrity and safety on board, while Félix Fong, one of the two rapporteurs, defended the right to reintegration, stating that if a person has been convicted and served their sentence, the accounts should be reset to zero.

Focus on tools versus infraction

Thierry Buttaud contested the distinction between professional and personal means, arguing that the infraction itself should be the focus, not the tools used. He compared the proposed restriction to only sanctioning murder if the knife used was on board a boat, calling it "totally ineffective."

Access to criminal records debated

The debate also focused on access to bulletin number 2 of the criminal record, recommended by the Cesec to allow services to know the convictions of applicants. This raised concerns among several counselors, including Patrick Galenon, who was again concerned about not penalizing indefinitely those who have already served their sentence.

Reform validated with conditions

Maiana Bambridge sought to reassure by stating that convictions are erased from B2 once the sentence has been served, though this erasure is not systematic and follows specific conditions and deadlines. With seven abstentions and no votes against, the Cesec validated the principle of the reform, leaving it to the officials of Tarahoi to find the right balance between protecting marine resources, integrity requirements, and the right to reintegration.

Case highlights legal challenges

The case of a fisherman convicted in 2018 of illegally fishing turtles, who obtained a professional license in 2021 and had it revoked in 2024, led to the Paris administrative court of appeal annulling the revocation in July 2025. The court ruled that acts committed outside of professional activity could not justify the sanction under the 1997 regulation.

Cultural and practical considerations

This case also allowed Moana Maamaatuaiahutapu, a representative of shipowners, to highlight a particularity of Polynesian fishing. On tuna boats, he explained, turtles may sometimes be hooked on the hook, and when the animal is dead, they are instructed to throw the rest back into the sea. However, he noted that among Polynesians, killing a marine animal requires consumption, as taught by their parents. Shipowners ask their captains to follow the Diren's instructions, which he praised for their work.