Fisheries (Shark Reef Marine Reserve) (Serua) Regulations 2014 (L. N. No. 41 of 2014)

[LEGAL NOTICE No. 41J 264 FlSHERIFS ACT (CAP. 158) Fisheries (Shark Reef Marine Reserve) (Serua) Regulations 2014 IN exercise of the powers conferred upon me by section 9 of the Fisheries Act (Cap. 158), I hereby make these Regulations Shorltitle alld commencement I. These Regulations may be cited as the Fisheries (Shark Reef Marine Reserve) (Serua) Regulations 2014 and shall come into force on the date of its publication in the Gazelle. interpretation 2. In these Regulations, unless the context otherwise requires "Act" means the Fisheries Act (Cap. 158); "Buffer Zone" means the Buffer Zone declared under regulation 4; "Coastal Zone" for the purposes of these Regulations means the area within 2 kilometres inland from the high water mark and includes areas from the high watcr mark up to the Marine Reserve; "development activity or undertaking" means any activity or undertaking likely to alter the physical nature orthe land in any way, and includes the construction of buildings or works, the deposit of wastes or other material from outfalls, vessels or by other means, the removal of sand, coml, shells, natumlvegetation, sea grass or other substances, dredging, filling, land reclamation, mining or drilling for minerals, but docs not include fishing; "indiscriminatc fishing gear" means any fishing gear deployed that indiscriminately catches sharks, fish or any marine organism such as gill nets and handlines with stecl wire leaders and evcn poison fishing where derris root extracts, chemicals or dynamite are used; and "Marine Reserve" means the Shark Reef Marine Rcscrvc-Serua declared undcr regulation 3. Shark ReejMarille Resen'e-Serua 3.-(1) The area marked in blue on the map set out in the Schedule is hereby declared a Marine Reserve to be known as the Shark Reef Marine Reserve-Serua for the purpose of conserving, protecting and maintaining shark species and marinc organisms including coral within the area. (2) Any person operating a vessel within the Marine Reserve shall usc only the mooring provided within the Marine Reserve. (3) A person shall not dispose of or throw rubbish or any other waste material within the Marine Reserve area. 265 (4) Any development activity or undertaking within the Coastal Zone of the Marine Resen'e is prohibited except with the approval of the Department of Fisheries. (5) Any fishing activity or activity consisting of the collection of any species of shark and marine organisms including coral within the Marine Resen'c is prohibited. (6) Any person who contravenes this regulation commits an offence and is liable upon conviction to a fine of not less than $500 and not exceeding $10,000 or imprisonment to a term not exceeding 6 months, or both. (7) The Department of Fisheries may seize any marine organism. fishing equipment, conveyance including vchicles and vessels used for their transport, or other property involved in a breach of sub-regulation (5). BllfferZoJle 4.- ( I) The area marked in green on the map set out in the Schedule is hereby declared a Buffer Zone for the Marine Reserve. (2) The use of any form of indiscriminate fishing gear and any fishing equipment lIsed to specifically target sharks within the Buffer Zone is prohibited. (3) Any person who contravenes sub-regulation (2) commits an offence and is liable lIpon conviction to a fine of not less than $500 and not exceeding $5,000 or imprisonment to a term not exceeding 6 months, or both. (4) The Department of Fisheries may seize any shark species or marine organism captured or any fishing equipment involl'ed in a breach of sub-regulation (2). Sciell1ijic Research 5. Notwithstanding regulations 3 and 4, the Minister may authorise activities otherwise prohibited under these Regulations for the purpose of scientific research. Management Rllidclillcs 6. The Minister may, by notice in the Gazette, issue guidelines for the proper management and monitoring of the areas within the Marine Reserve and the Buffer Zone. Made this 13th day of August 2014. I. B. SERUlRATU Minister for Agriculture, Fisheries and Forests, Rural & Maritime Development and National Disaster Management 266 SCHEDULE SHARK REEF MARINE RESERVE-SERUA Co-ordinates of boundaries of the Shark Reef Marine Reserve-Serlla-marked in blue NE Corner: 18' 17' 41.80" S; 178' 00' 42.53" E SE Corner: 18' 18' 20.00" S ; 178' 00' 52.04" E NW Corner: 18' 17' 27.3 I" S ; 178' 01' 30.61" E SWCorner: 18' 18'06.80"S; 178'01'41.3I"E Co-ordinates of boundaries of the Buffer lone marked in green NE Corner: 18' 17' 27.61" S ; 177' 59' 27.29" E SE Corner: 18' 19' 04.70" S; 177' 59' 58.63" E NW Corner: 18' 16' 37.47" S; 178' 02' 15.79" E SW Corner: 18' 18' 21.01" S; 178' 02' 59.72" E s. NAVUNlLAWA, GoI'f lnmCI\I Printer, SUI<l, FIji 2014 Olfrirll Pri"I~ ' Sine.' /883 1031I'GOSI14-900