Fisheries (Conservation and Management of Coastal Marine Resources) Regulations 2019

EI l-r'-.r FISHERIES ACT 20.IO (No. 6 of 2010) FISHERIES (CONSERVATION AND MANAGEMENT OF COASTAL MARINE RESOURCES) REGULATIONS 2019 PART I - PRELIMINARY PROVISIONS 1 . Short title and Commencement (1) These Regulations may be cited as the Fisheries (Conservation and Management of Coastal Marine Resources) Regulations 201 9. (2) These Regulations shall come into operation on the date of publication by notice at the Office of the Beretitenti. 2. Purpose The purpose of these Regulations is to (1) conserve, manage and protect coaslal marine resources to ensure their sustainable utilization for the benefit of l-Kiribati people; and (2) state out conservation and management measures to sustain the marine resources covered under these Regulations; and (3) enable the inclusivity of the community in fisheries management through recognising and enforcing communily-based fisheries managemenl plans; and (4) promote data collection through lhe establishment of a record of licensed fishing vessels and reporting obligations to enhance the ability to conserve and manage such marine resources. 3. lnterpretation ln these Regulations, unless the context provides otherwise "Act" means the Fisheries Act 2010 as amended; "anchored fish aggregating device'or "AFAD" has the same meaning as in the Fisheries (Fish Aggregating Device Management) Regulations 201 4; 1 ln exercise of the powers conferred by section 45 of lhe Fisheries Act 2010, the Beretitenti, acting in accordance with the advice of Cabinel makes the following Regulations: "authorised officer" has the same meaning as in the Act; ,,body corporate,' means a company incorporated under the companies ordinance.1979 or olherwrse'and whether in Kiribaii or'elsewhere, or a prescribed form of legal association, and include a business; ,,coastal community" means a community that is established and recognised. under the tniorporateO Socleties Act 2OO2 as an incorporaled society for purposes which include p"rtiJprtion in ihe conservation, management and protection of coastal marine resources in adjacent coastal areas; ,,coastal fisheries management plan" means a fishery management plan adopted under section 5(3) of the Act for designated coastal fishery; ,,coastal marine resources" means all marine organisms that occur within the coastal waters of Kiribati; ,'coastalwaters" means the internalwaters, archipelagic waters and the territorial sea of Kiribati as defined in the Marine Zones (Declaration) Acl2011; ,,commercial purpose" means a purpose relating primarily to the derivation of financial gain or reward. ,,community-based fisheries management" means a . co-management system . under which community takes a leading role in ianaging fisheries in ad.iacent coaslal areas in partnership with or with support from a promoting agency commun ity-based fisheries management plan" means an arrangement between the Minister ana a coaJtaf community for the ad-option oi conservation and managemenl measures regarding certain fisheries in which the community takes a leading role' ,,coral,, means all species of coralline and stony corals whether live or dead; including black corals and soft corals and processed corals in all forms; ,,designated coastal fishery" means a fishery targeting coastal marine resources that has been designated under section 5 of the Act. "Director" means the Director of coastal Fisheries. "fish aggregating device" or "FAD" has the same meaning as in the Act: "fish" has the same meaning as in the Act; "fishing" has the same meaning as in the Act; "local fishing vessel" has the same meaning as in the Act; "Minister" means the Minister in charge of fisheries; 2 "Reserved fishing zone" means an area in the sea that is closed off for conservation and protection of marine lives driven by the coastal communities and the Minister. "tag" means a device atlached to a turtle with record, code written on it. "undersize" means below or less lhan the minimum size required for each respective species stipulated under Schedule 1 ; "vessel" has the same meaning as in the Act PART II- COMMUNIry.BASED FISHERIES MANAGEMENT PLAN 4. Preparation and Approval Conditions (1) Without prejudice to the provisions of section 5 of the Act, the Director may cause to be prepared a community-based fisheries management plan for the conservation, management and protection of coastal marine resources, upon request of a coastal community or on his or her own initiative. (2) A community-based fisheries management plan is to be submitted to the Minister and shall come into operation on approval by the Minister in writing. (3) Approval of a community-based fisheries management plan is subject to the following conditions: (a) that the community adjacent to the waters that are likely to be affected by the plan participated in preparing the plan; (b) that the community involved is established and recognised under the lncorporated Societies Act 2002 as a coastal community; (c) thal the relevant island council has been notified the establishment of the coastal community and the rntention to prepare a community-based fisheries management plan; and (d) that the coastal community and lhe island council have endorsed the plan. (4) Appropriate public notice shall be given of an approved community-based fisheries managemenl plan. ln particular: (a) the Director will marntain a public register of approved community-based fisheries management plans; (b) the coastal community will provide a copy of the approved plan to the relevant lsland Council; and (c) the coastal community will take appropriate measures to raise public awareness of the plan and the area to which it applies. 3 5. Content (1) A community-based fisheries management plan must at least: (a) identify the community taking a leadership role in developing the plan; (b) identify the area to which the plan applies; (c) indicate the general and specific objectives of the plan; (d) specify the conservation and management measures to achieve those objectives; (e) prepare a programme for the implementation, monitoring and evaluation of the plan; (f) identify arrangements for surveillance and enforcement purposes. (2) The plan shall be revised every five (5) years or when the Minister considers necessary, upon the advice of the Director and of the community involved. Any amendments to the plan shall be endorsed by the community involved and approved by the Minister in writing. 6. Breach of plan A person who contravenes any provision of a duly approved community-based fisheries management plan commits an offence and is liable upon conviction to a fine not exceeding $100,000.00 and in default imprisonment for a period not exceeding 5 years or both, 7. Prohibited Fishing Methods and Gears (1) ln addition to the destructive fishing methods prohibited under section 21(1)(a) of the Act, and pursuant to subsection 21(2) of the Act, the following fishing methods and gears are hereby prohibiled: (a) splash fishing 'te ororo, te katangbeero or te orobeero'; (b) encircling of submerged coral reef using gillnet 'te boorakai'; (c) beach serne'te kauaaki/katikitiki karaun'; (d) use of gillnet and mesh wire as a fence/trap or fish trap ('temaa bono')i (e) use of gillnet with size as follows: (i) exceeding 100 meters (m) in length for one net or when adjoined; orland (ii)stretched mesh size less than 63.5 millimetres; (f) use of cast net ('kainikare') to harvest fish otherthan the goldspot herring ('tarabuti'); 4 PART III - CONSERVATION AND MANAGEMENT I/EASURES (g) use of gaff to fish turtle; (h) use of crowbar or any other objects to destroy and remove corals ('te rai atibu'); (i) use of SCUBA and hookah gear, except when used lo harvest aquarium fish for export and research purposes; (j) dredging and trawling; (k) fishing using any remote control device; (l) spearfishing at night using any torch, spotlight or light except for subsistence fishing purposes. (2) A person who permit to be used, use or attempt to use lhe fishing methods or gears prohibited under sub regulation (1) commits an offence and is liable upon conviction to a fine not exceeding $10,000.00 and in default imprisonment for a period not exceeding 2,5 months or both. 8. Use of an anchored fish aggregating device in coastal waters (1) No person shall (a) tamper with, cut or remove any FAD material from an AFAD deployed in Kiribati coaslal waters: (b) tieavessel to an AFAD deployed in Kiribati coastal waters forthe purpose of fishing. (2) A person who contravenes sub-regulation (1) commits an offence and is liable upon conviction to a fine not exceeding $10,000.00 and in default imprisonment for a period not exceeding 2 years or both. 9. Size Limits for certiain species (1) No person shall fish, sell, export, purchase, receive or have in his or her possession, offer or buy for sale or consignment to another person for the purpose of export or sale, any fish below the minimum size specified in Schedule 1 for the respective species. (2) A person who contravenes sub-regulatron (1) commits an offence and is liable upon conviction to a fine not exceeding $1,000.00 and in default 2 months imprisonment or both. 10. lnstructions to measure fish and fishing gears For the purpose of these Regulations, any fish and fishing gear shall be measured in accordance with the instructions provided under Schedule 2. 1 1 . Special Protection of Giant Clam (Tridacna gigas,le kima',, 5 (1 ) A person must not: (a) fish for giant clam (Tridacna gigas,'te kima / /, Kiribati waters, or (b) sell or offer to sell, purchase, possess or receive, or export giant clam (Tridacna gigas,'le kima'/shell, meat or products. (2) A person who contravenes sub regulation (1) commits an offence and is liable upon conviction to a fine not exceeding $100,00.00 and in default imprisonment for a period not exceeding 5 years or both. 12. Special Restrictions for specific species (1) A person must not, receive or have in his or her possession, buy, sell, offer for sale or consignment to another person for the purpose of sale, or exporl any rock lobster or mantis shrimp female bearing its eggs. (2) A person must not: (i) disturb, take, receive or have in his or her possession, purchase, sell any turtle species eggs found in Kiribati (green turtle, hawksbill, leatherback, olive ridley and logger head); (ii) interfere with any turtle nest; (iii) harvest turtles while on the beach; (iv) sell, purchase or export any turtle meat or shell; or (v) fish for tagged turtle (3) A person must not export clam, (Tridacna maxima'te were", Tidacna squamosa, "te batua" Hippopus hippopus, te neitoro'1 shell, meat or product for any purpose other than personal consumptron, which must not be more than 2 kilogramme (kg) per person. (4) A person must not export ark shell (Anadara antiquata,'te bun') shell, meat or products for any purpose other than personal consumption, which shall not be more than 5 kilogrammes (kg) of shell meat per person. (5) A person must not export spider conch (Lambis lambis,'le ang') shell, meat or products for any purpose other than personal consumption, which shall not be more than 10 pieces per person per trip, (6) A person must not (i) take, have in his or her possession, purchase or sell, export; (ii) use to produce lime or other products; or (iii) damage or destroy 5 any form of coral specified in Schedule 1 . (7) A person who contravenes sub-regulations (1), (2), (3), (4), (5) or (6) commits an offence and liable on conviction to a fine not exceeding $10,000. and in default imprisonmenl for a period nol exceeding 2 years or both. 13. Seasonal and Area Closure (1) A person must not fish for any of the species listed in Schedule 1 during the respective closed season or at the specified closed areas. (2) A person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding $ 5,000.00 and in default imprisonment for a period not exceeding 6 months or both. PART IV - LICENCES AND PERMITS 14. Reserved Fishing Zone (1) Fishing for commercial purposes in Kirabati coastal waters shail be reserved for local fishing vessels in accordance with the Acl and these Regulations. (2) Norhing in sub-regulation (1)shall be construed as affecting existing fishing rights under any treaty or other agreement to which Kiribati is a party. (3) Recreational fishing in Kiribati coastal waters is regulated in accordance with section l48 of lhe Act. (4) Fishing for scientific purposes in Kiribati coastal waters is regulated in accordance with section 16 of the Act. 15. Fishing Licence for designated coastal fisheries (1) A person must not fish in a designated coastal fishery for commercial purposes without a licence. (2) A person may apply to the Director in the prescribed form for a licence to fish in a designated coastal fishery for commercial purposes. (3) Without pre.judice to the provisions of section .18 of the Act, the Director may, with the approval of lhe Minister and after consultation with the relevant lsland Council, grant a licence in the prescribed form for a maximum duration of one (1) year. (4) The licence is not transferable and is subject to: (a) payment of the prescribed fee; and (b) the conditions mentioned in section I of the Act; and 1 I (c) the provisions of relevant bye-laws applicable to the designated coastalfisheries. (5) A person who fishes in any designated coastal fishery for commercial purposes without a licence or breaches any condition of such licence commits an offence and iS liable upon conviction to a fine not exceeding $ 100,000 and in default imprisonment for 2 years. (6) The provisions of section .10 of the Act on the refusal, suspension and cancellation of a licence are applicable. 16. Trade Permit for designated coastal fisheries (1) A person must nol export or lrade in a designated coastal fishery for commercial purposes without a permit. (2) A person may apply to the Director for a permit to export or trade in a designated coastal fishery. (3) Without prejudice to the provisions of section 14c of the Act, the Director may, with the approval of the Minister, grant a permit in the prescribed form. (4) The permit is not transferable and is subject to: (a) payment of the prescribed fee; and (b) conditions mentioned in section I of the Act; and (c) other conditions that the Director may impose. (4) A person who exports or trades in a designated coastal fisheries without a permit or breach any condition of such permit commits an offence and is liable on conviction to a fine not exceeding $100,000. and in default imprisonment for a period not exceeding 7 monlh or both. (5) A person who contravenes any provision of a duly approved coastal fishery management ptin for any designated fishery commits an offence and is liable to a fine not exceeding $100,000 and in default imprisonment for a period not exceeding or both. PART V - COASTAL FISHERIES RECORDS 17. Reclrd of Licensed Vessels (1) Without prejudice to section 154 of the Act, the Director shall keep a record of all vessels, that are licensed under these Regulations, (2) The record of vessels licensed to flsh in designated coastal fisheries shall contain at least the f o llowi n g inform ation : (a) name of vessel, previous name (if known), registration number and port of registry (if any); (b) name and address of owner or owners; (c) name and nationality of master or operator; (d) colour photograph of vessel; (e) location and date of vessel manufacture; (0 type of vesseli (g) normal crew complement; (h) type of fishing melhod or methods and species targeled; (i) length of overall and length between the perpendiculars; (j) moulded deplh; (k) beam; (l) gross register tonnage; (m) the nature of the licence to fish and of the export or trade permit granted; (n) carrying capacity, including freezer type, capacity and number of fish hold capacity; (o) any inspections performed on lhe vessel and their outcome; (p) any offences committed or penalties served, including the suspension, cancellation or revocation of the licence, (3) The owner or operator of any vessel to which these Regulations apply who intends to fish, export or trade in a designated coastal fishery shall provide the Director with the information required in sub-regulation (2) above. (4) The Director may require further information to be provided, as she/he considers necessary. (5) The owner or operator of any vessel who provides incomplete, false, inaccurate or misleading information under this regulation is liable upon conviction to a fine not exceeding $1,000.00 and in default imprisonment for a period not exceeding 7 months or both. 18. Record of Offences (1) The Director shall keep a record of offences to lhese Regulations as well as lo the provisions of the Acl related to coastal fisheries. (2) The record of offences shall contain at least lhe following information: (i) the name and details of the offender; 9 (ii) the offence committed; (iii) the location where the offence was committed; (iv) the penalties served. (3) The Director may include additional information in the record, as s/he deems fit .19. General Offences and Penalty (1) A person who commits an offence against these Regulations for which no other penalty is provided is liable to: (a) in the case of a body corporate - a fine not exceeding $250.00 and imprisonment for a period not exceeding 3 month; (b) in the case of a natural person engaged in fishing for commercial purposes - a flne not exceeding $100.00 and imprisonment for a period not exceeding 2 monlhs; or (c) in case of a local fisher engaged in subsistence Iishing - a spot fine not exceeding $50.00 to be paid within 10 working days and, in default of payment, imprisonment for a period not exceeding 1 month, (2) lf the offender is operating under a licence or permit issued under these Regulations, the licence or permit shall be revoked. 20. Forfeiture of Gear and Catch (1) In accordance wilh section 29 of the Act, if a person is convicted of an offence under the provisions of these Regulations, any vessel, together with its equrpment, catch, stores, cargo and fuel, used in the commission of the offence, or in relation to which the offence was committed, must be forfeited to the Republic or to the lsland Council or as decided by the court. (2) Subject to sub-regulation (1), if a person is convicted of an offence against the provisions of these Regulalions the court may forfeit: (a) any fish caught or fish product produced in the commission of the offence; (b) any fishing gear, instruments or appliances used in the commission of the offence. (3) The proceeds from the sale of any fish caught, fish products or olher perishables in nature are liable to forfeiture in the same manner as in sub-regulation (1). PART VII MISCELLANEOUS 21 . Court may order payment of reward 10 PART VI - OFFENCES (1) Where a person is convicted of an offence under lhese Regulations, in addition to any other penalty imposed, the court may order that person to pay the sum not exceeding $50,00 to be paid to any person or persons who the court considers has assisted in the reporting, investigation or prosecution of an offence. (2) Payment of any sum ordered to be paid as a reward under sub-regulation (1) may be enforced in the same manner as in lhe case of the payment of fine. 22. Penalty Notice Offence A penalty notice may be served for an offence against these Regulations pursuant to the requirement set out under the Act, 23. Repeal The Fisheries Conservation and Protection (Rock Lobster - Panulirus Species) Regulations 1979 is repealed. 24. Amendments to Schedules The Minister may, on the recommendation of the Director by notice to be published at the Office of the Beretitenti, amend any Schedule made under these Regulations. 11 SCHEDULE 1 Minimum size limits and closures (Regulations 9 and 13) English and Scientific names Local name Size limits Albulidae (bonefish) Bonefish (Albula glossodonta) lkarii Minimum fork length 30 cm Three (3) days before and three (3) days after full moon Geneidae (mojarras) Silver biddy (Geffes sp.) Nin imai Minimum fork length 15cm Director to declare closed season Labridae (wrasses) Napoleon Humphead wrasse (Cheilinus undulates) Karon Director to declare closed season Lethrinidae (emperors or scavengers) Spangled emperor (Lethrinus nebulosus) Morikoi Minimum fork length 55 cm Director to declare closed season Lutianidae (snappers) Humpback Red snapper (Lutjanus gibbus) Red-margined sea perch (L.fulva ) lkanibong Bwawe Minimum fork length 25 cm Minimum fork length 25 cm Director to declare closed season Director to declare closed season Yellow-blue sea perch (L.kasmira ) Takabe Minimum fork length 15 cm Director to declare closed season Mugilidae (mullets) Mullet (C re n im u g i I cren ila b i s) Aua Minimum fork length 35 cm Director to declare closed season Mullidae (goatfish) 1,2 Closures 1. FINFISH Minimum total length 65 cm measured from tip of snout to end of tail Goalfish (Upeneus laenioplerus) Maebo Minimum fork length 20 cm Three (3) days before and three (3) days after new moon Exocoetidae (flying fish) F lying fish (Cypselurus sutton, Onauti Minimum fork length 20cm Three (3) days before and three (3) days after new moon Bivalves (ark, clams) Ark shell Anadara sp. Te bun Minimum size 4cm Director to declare closed season and areas. Clam (Tridacna maxima) Were Minimum size 15 cm Director to declare closed season and areas. Clam (Tidacna squamosa) Were Minimum size 20 cm Director to declare closed season and areas. Gianl clam (Tidacna gigas) Kima Total ban Special prolection warranted Crustaceans Rock lobster (Panulrrus sp) Nnewe Director to declare closed season Mantis shrimp Lysiosquillina maculale Green Turtle (Chelonia mydas) Waro Te On Minimum size 18cm measured from eye to start of caudal fin Minimum carapace length 86cm Director to declare closed season Director to declare closed season Hawksbill Turtle (Erehocheleys tmbricate) (not fit for consumption) On-tabwakea Minimum carapace length 68cm Director to declare closed season 13 2. INVERTEBRATES Minimum carapace length 8.5cm from front edge of carapace to rear edge of carapace 3. SEA TURTLES SCHEDULE 2 lnstructions to measure fish and fishing nets (Regulation 10) Fig. 1 Rock Lobster carapace length L lrorn lhe front ed€6 ol the co,opoce to lhe reor edge of tho ,9bon 2. coropoce l€no h 3, lroan ihe mrdhne behim ltle lo61rc, horns 10 the reor edge ol lhe coreoce 4 frorn ttle bos€ ol the supro o.bltd shoa to lt€ erld ot lt€ cephoblhonD( 5. toil sr'€lh 6 coropoce wdth 7 toil width belwesn ltlg kderol notche6 ot lhe fu rorl seg.nent Fig. 3 Turtle carapace length l: meosured in o stroighl line 2: meosured oong tre cuNe of ihe coropoce Fig.2 Mantis shrimp Fig. 4 Stretched mesh size 6 L4 2 Fo lenglh' Totol l€ngth ' o.r meos\rre token ol h€ mdd e ot lhe loll Fig. 5 Finfish fork and totallength Meosure ocross lhe shell Fig. 6 Bivalve total length 15 f, I Dated this day of ,2019 ut^ Published by exhibition at the Public office of the Beretitenti this 2019 Taneti AU Beretitenti day of Naomi Biribo Secretary to Cabinet 16