Guadalcanal Province Fisheries Ordinance 2009 (L.N. No. 14 of 2011)

• • • •· 35 SUPPLEMENT to the Solomon Islands Gazette I. 2. 3. 4. 9. 10. 11. 12. 13. 14. 15. 16. Tuesday sth :½arch, 20 I I GCAJlALCA:\AL PROVl:\CE FISHERIES ORDI:\A\CE 2009 Arrangement of Sections PART I - PRELl:½l:'\ARY Citation and commencement Interpretation Application Objectives PART 2 - RESEARCH A:'\D DEVELOP.v!E:'\T OF :½ARI:\E RESOCRCES Approval research and development Power Lo approve research and development Procedures Agreements PART 3 - REGCLATIO:'\ OF CUSTOMARY FISHI:'\G AREAS Limits of customary fishing areas Recording of customalry fishing areas , Recording officer Public notice Recipients of .records Consultation with house of chiefs Inter-tribal agreements Appeals PART 4 - MARIXE RESERVES A:'\D PROTECTED AREAS Marine reservess and protected areas Protection of reserved areas PART 5 - REGCLATlO:'\ Of FlSHI:'\G ACTIVITIES 19. Endorsement of licence 20. Fish agregating device 21 . Protection of mangroves Citation and commence­ ment lnti!rpn:uuion 36 Guadalcanal Province Fisheries Ordinance 2009 A~ ORDl:\'A~CE to regulate fisheries in the Guadalcanal Province pursuant to section IO of the Fisheries Act 1998. E'.XACTED by the Guadalcanal Provincial Assembly pur:rnant lO the Provincial Government Act 1997. PART I - l'RELIVll:\ARY 1. (I) This Ordinance is called the Guadalcanal Province Fisheries Ordinance 2009. 2. (2) This Ordinancdc comes into force on the date it is published in the Gazelle. (I) In this Ordinance, unless the context otheJWise requires "customs entitled person" in respect of an area of reef, lagoon or other area of Solomon Islands waters means any member of a tribe, line or other group entitled to full fishing rights over that area under customary law; "customary owner" means a tribe, line or other customary group that owns customary fishing rights; "Executive" means the Guadalcanal Provincial Government Executive; "fisheries development project" means any project for the development of fisheries involving fishing operations in areas subject to customary fishing rights and substantial investment in the development of physical facilities or infrastructure in such areas, but does not include ongoing small-scale projects for the provision of loans, engines, gear and other assistance to artisanal fishermen; "marine resources" includes marine areas to which this Ordinance applies; "recording officer" means a person appointed under section 11 • • • • 37 3. This Ordinance applies only to the fisheries areas. including foreshores and freshwater fisheries areas within Guadalcanal Province. 4. The objectives of this Ordinance arc (a) to promote the development and management of marine resources; (b) to pnlmote maximum use of marine resources for the purposes of improving the living standards of customary fishing right owners, including employment opprntunitics; (c) (d) to promote hygienic and reliable markets high quality and standards of marine resources and products; to promote development of subsistence and artisanal fisheries for customary fishing right owners, including their education and training for the purposes of paragraph (c) or for consumption by them and others; (c} to promote research, education and training for the purposes of understanding marine resources to achieve and maintain sustainable use and management when using marine resources or fisheries areas. PART 2 - RESEARCH Al\D DEVELOPMEl\T OF MARINE RESOURCES S. (I) );o person shall undertake any research or development of marine resources in the Province unless the research or development is approved under this Ordinance. (2) A person who contravenes subsection (1) commits an offence and is liable on conviction to a fine not exceeding S5,000 or to imprisonment for a term not exceeding 3 months . (3) The court may, in addition to the penalties set out in subsection (I), order the confiscation and forfeiture of any thing used in relmion to an offence committed under subSC(;tion (I). (4) "Ibis Prut does not apply 10 any development by customary owners within their customary fishing rights areas. Apphcauon Approved n:search aQd development Pmr.:rto .ipprov.: rt:scarch and ticvt:lopmcm proJCtl~ • t 6. (I) JR The ExecuLivc has the following rx>wcrs under 1his Pan (a) subject Lo conditions, to approve any fisheries research or development projects within fisheries areas that arc not covered under customary fishing rights recorded or verified under this Ordinance or by customs. (b} subject to conditions, to approve any fisheries research or development projects within customary fishing rights recorded or verified under this Ordinance or by customs; (c) to reject an application for or vary, suspend or cancel any approval under paragraphs (a) and (b ), or vary or impose new conditions on such approvals. (2) A person may apply to the Executive for an approval under subsection (I) (a) in Form "so. I set out in Schedule I; (b) attaching the application fee listed in Schedule 2; (c) providing other documents or information required by the Executive. (3) The Executive shall not approve an application under subsection ( I )(b) unless it is satisfied that (a) the customary owners affected by the proposal are first consulted pursuant to this Ordinance; (b) applicant and the customary owners have made or will make an agreement to such proposal pursuant to section 8. • • • • • 39 7. ( I l When considering an applicaLion under this Pan. the Executive and the relevant house of chief shall take into account (al the relevant principles set out in section 4 of the /\ct; (h) the impact of the proposal on the marine resources and the marine areas; (c) the impact on the ecology of the area; (d) the impact oin the surrounding community and its interest. (2) An application for an approval under subsection ( 1 )(b) shall be sent to the house of cheifs, the customary owners and other interested persons within the subject area for their views. comments and recommendations on the proposal. (3) The Executive shall ensure that a public notice (cost to be paid by the applicant) is posted within the areas of the proposal and other areas or medium and in such manner it thinks fit, setting out the following (a) the proposed location of the project; (b) the nature and duration of the de\elopment or research; • (e) the customary owners that may be affected; (d) the period of not less than 30 days within which views, comments and objections are to made; (e) any other matter required by the Executive of the relevant house of chief. (4) Any objection made under subsection (6) shall be in writing and made to the relevant house of chiefs, a copy of which shall he sent to the Executive. l'mcc<lurcs ... 40 (5) The Executive may facilitate the process by a foreign investor to acquire leasehold interest within customary fishing rights areas, in relation to the requirements llndcr Pan V of the Lands and Titles Act. (6) The officers of the Provincial or national Govcmmcnt may attend meetings of the house of chiefs for the purpose of this Ordinance. Agreement~ 8. ( I J An agreement between an applicant and customary t 1iL~or lOmilry hing area$ R1:coTUing of customary fishing areas 4lor<lin!! offo.:er L owners may be in Form :\o ..... set out in Schedule I. (2) The applicant shall send a draft of the agreement to the Executive and the relevant house of chief for endorsement in writing. PART 3 - REGCLATION OF CCSTOVIARY FISlll:>iG AREAS 9. (I) Xo customary fishing rights area conferring exclusive rights to use or harvest marine resources shall exceed 3 nautical miles from the low water mark of each island in the Province. (2) Subjection (I) does not apply to the customary fishing rights areas outlined in Schedule 3. and in waters enclosed by each group of islands in the Province. 10. (I) A customary fishing rights area may be verified and recorded in accordance with this Pan, without affecting any other process of recording such rights in another Act. (2) Customary owners may, through a representative, apply, in Form No ... set out in Schedule 2 and accompanied by the application fee set out in Schedule I, to the Provincial Secretary to verify and record their customary fishing rights area. 11. (1) When the Provincial Secretary receives an application under subsection (I), the Secretary shall appoint public officer or a qualified person as a recording officer to undertake the verification and recording of the customary fishing rights area. • • • • • 41 (2) /\ recording officer has the powers of a magistralc for thr.= purposes of administering oaths, calling. witnesses, taking and recording of evidence through documents or witnesses, but shall not be bound by the rules of evidence. (3) The recording officer may appoint a committee consisting of not more than 5 members comprising persons who have knowledge and experience with customs of the :mbjcct area to assist and ;.1dvise the officer in hearing an application. (4) A person appointed under this section shall not be directly or indirectly related to the applicant or connected with the subject area. 12. (I) The recording officer shall publish a public notice in the locality of the area subject to the claim setting out~ (a) the identity of the claimam; (b) the subject area and its boundaries; (c) the proposed dates. times and venue for hearing of the application; (d) any other matter the officer thinks necessary to provide full information on the application. (2) At the hearing mentioned in subsection (l)(c), the recording officer shall (a) record any oral evidence given and receive any documentary evidence or other information; (h) if there arc not other claimants. record the areas and their boundaries claimed by the applicant, including the fact that there was no other claimant; (c) if there an: other claim(mts, record all areas and boundaries claimed by the applicant and those areas claimed by other claimants; Public notice R~·ripi1:m~ of records • ulw1ion hous~ of chief Inter-tribal 13. 42 (d) record any other observations mack al the hearing in relation to any claim; (e) d.nc and sign the record for such hearing The recording officer shall (a) send the original record, to the Provincial Secretary and a copy to the applicants, other claimants on the record and the relevant house of chief; (b) publish a summary of the record in a newspaper having wide circulation in the subject area or in other manner to ensure that the record are widely known in that locality. 14. The recording officer shall consult the chairperson of the relevant house of chief while carrying out the verification and recording process under this Part. IS. (I) The chiefs of 2 or more tribes that has entered into an agreement~ inter-tribal agreement or arrangement on their customary fishing areas and boundaries may apply in Form :-;o .... set out in Schedule 2 for the recording of such agreement or arrangement. • (2) When an application is received under subsection (I). the Provincial Secretary or a public officer appointed by the Secretary may (a) record the agremeent, if he is satisfied that application is in the proper form and is signed by all the chiefs concerned; or (b) may refer the application to a recording officer to be processed under the procedures in this Part. • • • • • • 43 16. (I) A person, tribe, line or mhcr grour that is dissatisfied Appc..ils with any rccorc.ling of customary fishing art'a or boundary under this Ordinance may appeal to the local court. (2) The local court may (a) confirm or cancel the recording; or (h) make any other order it thinks fit (3) A person, tribe, line or other group that is dissatisfied with the order of the local may appeal to a customary land appeal court established pursuant to section 255 of the Land and Titles Act (Cap. 133), which shall have jurisdiction and powers of a local court for the purpose of appeal under this Ordinance. (4) In addition to the powers in subsection (5), the cuslOmary land appeal court may (a) confirm or cancel the order of the local court; or (b) make any other order it thinks fit (5) A person, tribe, line or other group that is dissatisfied with the order of customary land appeal court may appeal to the High Court only on question of law. and the Court may (a) confirm or cancel the order of the customary land appeal court; or (b) make any other order it thinks fit \,farms· "l::st:rn:~ and lmlcrh:<l • rotection of :servetl an:as • 44 PART 4 - VIARI:\E RESERVES A:\D PROTECTED AREAS 17. (I) The Provincial Government .\1inistc:r responsible for fisheries may, with the approval or the Executive. declare by order in the Ga%eltc any fishery area including the adjoining land to be a marine reserve or a marine protected area. 18. (2) If the area lO be declared i.s within a customary fishing area, the Minister shall, before .a declaration is made, consult the customary owners, the relevant house of chiefs or other persons that may be affected by the declaration. (3) Any consultation undertaken under subsection (2) shall include any negotiation for compensation or acquisition of leasehold interest in the area pursuant to the Land and Titles Act (Cap. 111 ). (4) :\-1:arinc protected area may include mangrove areas . (5) A dcclaratioin under this section may include fish and other marine species that protected under a marine re.serve or protected arCa. (6) Any marine reserve area or marine protected area shall be set out in Schedule 3. (7) A person who takes, fish, hunt, remove, or harvest any protected fish or marine species in a marine reserve area or protected area commits an offence and is liable on conviction to a fine not exceeding $5,000. • (8) Subsection (7) does not apply to use of hand line or hand held spear fishing for subsistence use. (I) :\o person shall (a) dbturb any wreck; (b) dredge or quarry any sand. mud. grave!, rocks or any dead or live coral; or • • ,..- ./ I • • • • (cl id) 45 pollute with any liucr or other substance; disturb the ecology: construct any huilding, jetty or other objects or thing in or on the marine reserve or marine protected area without the permission or the Executive on the recommendation of the relevant house of chiefs. (2) A person who contravenes subsection (I) commits an offence and is liable on conviction to a fine not exceeding 55,000 or to imprisonment for a term not exceeding 3 months. PART 5 - REGlLATIO:\ OF FISIIl'.'\G ACTIVITIES 19. (I) A person applying for a licence under section 10 or 12 ~f~~~cc~cm of the Fisheries Act 1998 shall also make an application for endorsement of the licence to the Provincial Secretary under Form ::\'o ... set out in Schedule 2 subject to payment of the application fee set out in Schedule I. (2) The licence under section 10 or 12 shall be endorsed in the Fonn ::\'o .... set out in Schedule 2. 20. ( l) :--io person shall place any fish aggregating device in a customary fishing area unless the customary owners have first given the consent. (2) '.'\o person shall damage, destroy or set adrift any fishing aggregating device . (3) Subsection (2) applies whether or not the person claims to be the customary owner or whether or not consent has been given under subsection ( l ). (4) A person who contravenes subsection (I) or (2) commits ana offence and is liable on conviction to a fine not exceeding S5,000 or to imprisonment for a term not exceeding 3 months. Fish aggre­ gating devin: 14) ¢! ma; i'l'f•IC([lllfl of ;n;m~Hl\'C~ • • 46 21. (I) ~o person shall clear any land containing mangrove or Clll and remove any live mangrove tree in an marine reserve or marine protected area except with the written permission of the Provincial Secretary or other person designated in writing by the Secretary. (2) A person who contravenes subsection (I) commits an offence and is liable on conviction to a fine not exceeding S5,000 or to imprisonment for a term not exceeding 3 months. PASSED by the GCADALCA\"AL PROVl\"CIAL ASSE:v!BLY this 4th day of April 2009. /This primed impression has heen care.fully compared by me aguinst the • Ordinance passed by the Guadalcanal Provincial Assembly and I cmtfirm that it is a true and correct version of the Ordinance so passed} Clerk to Guadalcanal Provincial Assembly Assented to by the :vlinister for Provincial Government this 17th day of February 201 I. Hon. :Manasseh Maclanga :vlinister for Provincial Government I-Ioniarn. Solomon Islands Printed under the authority of the Solomon Islands Government Printed by Solomon Islands Printers Limited. •