Temotu Province (Fisheries and Marine Protection) Ordinance 2010 (L.N. No. 25 of 2010)

H noH P., ( H OHH: Fi1( HH :nt c'an hccn cH\ er nc aii hc rThincc h\ C ICCCtL PO\ \'C\ H iO11G to coPs o tHc (iiacc. L-111 ilia Moi\ a Clerk to the !cmotu Provincial Asscniblv Assented to by the I lonourahlc Minister of Provincial Government this 3rd day of March 20 II lIon. 13 raddlcv lovosia Minister of Provincial Government [Le,-)al Notice No. 251 TEMOTL PROVINCE FISHERIES AND MARINE PROTECTION ORDINANCE 2010 AN ORDINANCE TO PROVIDE FOR THE DEVELOPMENT AND REGULATION OF FISHERIES IN PRovJx(;JAL WATERS 1. This Ordinance may be cited as the Temotu Province Fisheries Shci ti:i and Marine Protection Ordinance 2010 and shall come into effect after assent by the Minister of Provincial Government and publication in the Ga:eiie. 2. In th Ordinance. unlc's the c ntest reuLure otnc\\ :'e menn the iheHe' ;\. (utoina\ liiuuc :::cht 1010cr in repee 01 ali\ area \\ lemotu Province means such person or persons a' ma\ he authori ed under c ustomar\ law to Ci e on behal I ol O\\ tiers of customar\ bhin riht permtss:on to fish. "Driftnct" means iIInct or other net or a combination of nets w fitch is more than 2.5 kilomctres in lenCth. the purpose of which is to enmesh, entrap or entangle fish by drifting on the surface of the water. "Fish includes any aquatic animal, whcther piscine or not and the eggs thereof and includes shell fish. "Fish aggregating device" means a man-made floating device intended for the purpose of aggregating fish, and includes a natural floating object on which a device has been placed to facilitate its location. "Minister" means the Provincial Minister assigned responsibility for the administration of fisheries. "Person" includes companies "Provincial waters" means waters within the area of Temotu Province as defined in section 3 of the Provincial Government Act 1997. Pse 3. The Temotu Provincial Government wishes to ensure the long-term conservation and the sustainable utilization of the fishery resources of the Province for the benefit of the people of lemotu Province. 0 1, 4. he Pro\ i\e :na\ C't0:1\i a 12 I Ic ( mI:n:ttec na, o; 01 the ('hairinan ('i1ec. the hro ii tin i tcoe Cit Cl. \\!ti) h; act Scctar\ ol the ('onlmiucc. ;uìh ich oOer noIt. kno\\ lcd able in fisheuic lOers a the \iinIicr IIC\ appotni (3) 1 he Committee shall arl\ kc the Pio\ incial L\ceutivc on: a. the preparation of fishcries mlilgemcilt and de e!opmcnt plans under secu()n 7 of the lishenes ,\ci 1998: h. prextedures bar recording customiuy bshing Tights under sectiOn 8 of this Ordinance: C. fisheries research, survey and develop ment projects; d. provincial policy for fisheries and marine protection C. proposals for Regulations in relation to this Ordinance f. proposals for the amendment of the present Ordinance; and g. such other matters as may be referred to it. 5. Where agreement is sought from the Provincial Executive by the Rcsu'haru National Minister of Fisheries before authorising research, surveys, development I S or test fishing in Provincial waters, the Provincial Executive and Committee (if established) ill consult s ith residents. fishermen, business ov ners and customary fishing rights holders of the area affected Affected parties ma negotiate for compensation from parties planning to conduct research. surveys. de elopment or test fishing. 6. foIo\\ inc p ecdnrc d:aIl he hocd ho )::c:cral:on and nS o i'h:L \c pmer: prc: :\o\ peratlo:l a a:ca 't:c In cu dmar\ fkfi ill c rich:s: rciiminar\ acrccncm on tflc a tLtre and OdnItlon Of IlIC )rOpOSCc tjllciiC' UC\ CIOptllCflt proect iiIII be reached \\ltfl: Ihe cutol11ar\ fkhinc richt holders concerned: and The Piovi ic in! I xccuti ye Ii. Not ice of the proposed development project. including details of the location of the project, and the names and addresses of the customary fishing rights owners involved shall he published in the locality of the proposed project by the Minister or Committee. C. Within a period of 90 days from the date of publication of the notice, any person claiming to be affected by the project may lodge an oblection in writing to the Minister or Committee on any of the following grounds: i. That he or she is not the person or persons that the notice indicates is the rightful owner of the reef, lagoon area or other area of waters indicated in the notice as the site of the development project: ii. That the development is likely to have a significant and detrimental impact on the fish resources or other aspect of the ecology of the area, or would be seriously harmful to other essential interests of the corn munitv in the area. 0! aH\ the ;C101 of () da\ thie aeood to!- the lodo ine ot bee oa. Ce a poe i eet::e to A puhfe neeH eon clad ader th: ectloj ma\ !)!ll!1Cflhl to the \l a That the objections houfd he cfjsrnissed: OF ii. That further investigations he carried Out rcgarding the substances of the objections: or ill. That action be taken to verify and record customary fishing rights claimed in respect of the reefs, lagoon areas or other areas concerned in accordance with section 7 of this Ordinance: or iv. That the objections he upheld f. Any public meeting convened under this section shall operate by consensus g. The Minister concerned may, where the Minister decides that it is necessary to ensure full representation of the views of the customary right owners and other interested persons, convene a second public meeting within such period of time as he or she ma think appropriate, to continue consideration of the proposed project. h. l)ccisions reached by the Minister or Provincial Executie concerned on the basis of the recommendations of the public meeting shall he binding on all customary fishing right holders and other interested persons in the locality. /22 7. (I) \\iih the cention of cutonIar\ fishtne rights in the LI ( I I (0 tO\ 1 ( ( \ Retrntinn Ordinance 992 .nocu\tomar\ hn rieht entaWac C\e!LtsI\e rihis to fish shall extend be\ ond three (3) naiicaf niie hem the OLttCfl1Oi iimi o the reek. 2j 'soWing in thk Ordinance limits the rieht of chiefs or customar\ fishing rights holders to declare lcinporarr dosed scaon S for the purposes of protect inn threatened speeie.s within their cListomary fishing rights area. 8. Custiiiary Rights shall he recorded in accordance ith the Icot Oicc ( so i and cgistr oon Ordinance 1992 which inc ludLs land covered by watcr 9. (I) Any person seeking an endorsement of a licence under ofi.icenscs the Fisheries Act 1998 section 14(7) regarding local fishing or section 16(9) regarding foreign fishing shall apply to the Provincial Sccretary. (2) Provided that where a licence has been issLicd to a local fishing vessel in respect of bait fishing operations on established bait grounds under a written agreement with customary fishing rights holders. endorsement of the licence shall not he unreasonably refused or delayed by the Provincial Executive. This only applies to local, not foreign licences. (3) No fee shall be payable for endorsement of a local licence under section 14(7) of the Fisheries Act 1998 in respect of a canoe operating solely within the waters of a single province. However the Provincial Executive may make an Ordinance for the licensing of canoes operating within the waters of the province and for the payment of a fee for any such licence. (4) Fees shall be payable for every endorsement under section 16 as prescribed by the National Minister for Fisheries. ID. o peio ha .n eer acc e . :cc dhh rieh '. cc :crc\ eiic the ro sicn 07 sha.l he a: fence and h:hi he ichie cii '.&)n\ icLion to a react le' than one th:anc do; iar and not exce i;ne 1\\(l ouand doIIir> ancl/')~ imprionn1ent of ')I.\ nonih. II. Ii [he Provincial E\ecutl\ e ma declare protected pIace and species in accordance \\ ith the leniotu Pros nice loi\ ironniental Protection Ordinance 1993. (2) The marine areas described in accordance with the lernotu Province Environmental Protection Ordinance 1993 are declared to he marine reserves for the purposes of this Ordinance. (3) No person shall within a marine reserve without the written permission of the Executive: a. Fish or hunt any specimens of the species listed in respect of that marine reserve, or fish other than for subsistence by means of a hand line or hand-held spear; h. Collect coral or shells; C. Disturb any wreck: d. Dredge or quarry any sand, mud or rocks, discharge any polluting substance or otherwise disturb the ecology of the area C. Construct any building, jetty or other premises /2] 1 he ro% :!I'clal l\LUUti\C flId\ peeit\ ifl a Schcriu to tn Ordinance ni Htcni sue i:uit or ttn nccic to pro irte nierca ed nrorcction in Pro mcml aters. Ihese minimum lImits niList be lame rthau tho'c o the national rctiuoii. S Any pcon who contravenes the pros iion ol di is section shall he guilty of an offence and shall he liable on conviction to a fine not exceedino t o thousand dollars and/or imprisonment for a period not exceeding two years. 12. (I ) No person shall dear any area of non -cultivated mangroves. without the written permission of the Ministcr or Provincial Executive and in accordance with such conditions as the Minister or Provincial Executive may specify. (2) Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars and/or imprisonment for a period not exceeding two years. 13. (1) The minimum mesh si,'.c of an net to he used in Provincial waters shall he 2.5 inches. (2) The use of driftnets, as defined section 2 above, is prohibited under the Fisheries Act 1998 and penalties arc outlined in that Act. (3) Any person who contravenes the provisions of subsection (1) shall be guilty of an offence and shall he liable on conviction to a fine not exceeding two thousand dollars and/or imprisonment for a period not exceeding two years. 14. (1) The Provincial Executive may authorities the use of llnisor.s specified natural poisons indigenous to the Solomon Islands for fishing in specified areas of Provincial waters. No authorisation will be given unless the Provincial Executive has determined that the usc of the natLiral poison is customary practice in the area in which such poison is intended to be used and that the continLied use of such poison will not sinificantly impair the ecology of such area. See a eion I 'e ( a': oO1e C\l\e 11cere' .\'1 :i0 00 Pro\ monO 11 )rHatim)n nImm\ Oe \mv pc:on mm msOe \\ ml nom'oi a per imbeeimon I \\ 1111001 0i1 (mr1slilOmi naii be gUiil\ of n offence and haii he liable on 000\ ictmon to a fine not c\ceedinO 1 ,.\ o t ouand d liars and/or mniisonment for a period 001 exceedine t\ 0 \ ears. 15. 1 No person shall. s ithout the ritten permission of the Provincial Ixecuti e: a. dump or discharge any wastes or other polluting matter into any river, lake, lagoon or other body of water in the Province in sLich a way as to harm fish or other living resources or to destroy, endanger or alter the ecology Of the river, lake. lagoon or other body of water.' or h. carry out activities on the hank or shore adjoining any river, lake, lagoon or other body of water in the Province that is likely to cause such harm or effects on the ecology of the river, lake. lagoon or other body of water; C. Any person who contravenes the provisions of this section shall be guilty of an offence and shall be liable on conviction to a fine not exceeding two thousand dollars and/or imprisonment for a period not exceeding two years. i?' 16. 111 mc evcfll I11i Ofta Ice 1 Ii tC:1 \\ im ()II1C lcnotu Province Orujnanees. Ihe r1'!o1l n icnrclatlon est ih he Pro\ 1lclai N\ecLll\ e. isec1 fl\ tIlC lemotu Provincial Ascinh!v llijs 2111 da\ oF October i() 1 U. [his printed impression has been caret ullv compared h me against the ordi nance passed h the lemotu Provincial Assembly and i found to he a true and correct copy of the Ordinance. I:rnnia Moiya Clerk to the lernotu Provincial i\ssernhl lion. Braddley Tovosia Minister of Provincial Government Honiara. Solomon Islands Primed under the authority 'of the Solomon Islands Gus ernnicnt Printed by Solomon Islands Printers I .iHtcd.