Fisheries (Amendment) Act 2009 (No. 6 of 2009)

Fisheries (Amendment) Act 2009 REPUBLIC OF KIRIBATI FISHERIES (AMENDMENT) ACT 2009 (No. 6 of 2009) I assent, Beretitenti Assented: 7th December 2009 AN ACT TO AMEND THE FISHERIES ORDINANCE (Cap. 33) Commencement: 2009 MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti 1. Short Title This Act may be cited as the Fisheries (Amendment) Act 2009. 2. Amendment of section 15(1) Section 15(1) of the Fisheries Ordinance ("the principal Act") is amended by repealing the word "may" and substituting the word "shall". 3. Amendment of section 18 Section 18 of the principal Act is amended by repealing subsection 2. FISHERIES (AMENDMENT) ACT 2009 EXPLANATORY MEMORANDUM The object of this Act is to take away the discretionary power of the Court to forfeit a vessel or its catch, gear, instruments or appliances, equipment, stores and cargo when found guilty of breaching the provisions of the Fisheries Ordinance. It will act as a further deterrent to those who have constantly violated or are thinking of violating the Fisheries Ordinance. The need has arisen following the recent case of the Hai Soon 28, where the owner and captain were initially fined $5.13 million by the High Court, which was reduced to $4.73 million during the recent Court of Appeal sitting this August 2009. The recent experience is in direct contrast with the case of Te Tauu, where a similar use of a bunkering vessel violating our Fisheries Ordinance resulted in forfeiture of the vessel and its cargo to the Republic, in addition to a substantial fine. The amendment sought will restore that parity. Titabu Tabane Attorney-General 31 August 2009 © 1998 University of the South Pacific