Southern Line Islands Marine Protected Area Regulations 2020

,. --~-..,, ,,,;,:, \ ·, -,.....,.. .. ... REPUBLIC OF KIRIBATI ENVIRONMENT ACT 1999 (No 9 of 1999) SOUTHERN LINE ISLANDS MARINE PROTECTED AREA REGULATIONS 2020 July 2020 Arrangements of Sections I. Short title ...................... .............. : ... .................................... ...................................................... 3 2. Objectives ........................................................................... ...................................................... 3 3. Commencement ........................ .-..................................................................................... .......... 3 4. Definitions ................................................................................................................................ 3 5. Protected area prescription and World Heritage nomination .................................................. .4 6. SLIMPA Management Committee and Management Plan ..................................................... .4 7. Marine conservation, management and development .............................................................. 5 8. SLIMPA Management Plan ..................................................................................................... 6 9. Conservation and management measures ................................................................................. 6 10. SLIMPA permit, license and penalty provisions ............... ................................................... 7 11. Savings and transitional ..................................................................... ................................. .. 8 12. Miscellaneous ......................... , ............................................................................................. 8 SCHEDULE 1 .............................................................................................................................. 9 PapZofll Arrangements of Sections I. Short title ...................... .............. : ... .................................... ...................................................... 3 2. Objectives ........................................................................... ...................................................... 3 3. Commencement ........................ .-..................................................................................... .......... 3 4. Definitions ................................................................................................................................ 3 5. Protected area prescription and World Heritage nomination .................................................. .4 6. SLIMPA Management Committee and Management Plan ..................................................... .4 7. Marine conservation, management and development .............................................................. 5 8. SLIMPA Management Plan ..................................................................................................... 6 9. Conservation and management measures ................................................................................. 6 10. SLIMPA permit, license and penalty provisions ............... ................................................... 7 11. Savings and transitional ..................................................................... ................................. .. 8 12. Miscellaneous ......................... , ............................................................................................. 8 SCHEDULE 1 .............................................................................................................................. 9 PapZofll R --\ ,.. ~ .,..~ REPUBLIC OF KIRIBATI ENVIRONMENT ACT 1999 (No 9 of1999) SOUTHERN LINE ISLANDS MARINE PROTECTEO AREA REGULATIONS 2020 In exercise of the powers conferred by section 43(1) and 86(1) of the Environment Act 1999 (as amended), and acting in accordance with the advice of the Cabinet, I hereby make the following Regulations: 1. Short title These regulations may be cited as the Southern Line Islands Marine Protected Area Regulations 2020. 2. Objectives The objectives of these Regulations are: (!) To prescribe a protected area for the conservation and protection of the terrestrial and marine resources of the Southern Line Islands, subject to such conditions as are included herein. (2) To prescribe particular licenses and permits for regulating certain activities in the Southern Line Islands Protected Area and to establish a schedule of penalties for all activities affecting the Southern Line Islands Protected Area. (3) To implement the Cabinet decision of28 December 2018, approving, inter alia, the establishment of the Southern Line Islands Protected Area comprising of the terrestrial areas of the Southern Line Islands namely Flint, Volstok, Starbuck, Malden and, Millenium, and marine zone up to 12 nautical miles as a no-take Marine Protected Area. 3. Commencement These Regulations shall come into force on the date of its publication. 4. Definitions In these Regulations: "Act" means the Environment Act /999 and subsequent amendments; " IUCN" means the International Union for the Conservation of Nature; Page 3 of 11 "management plan" means a set of principles, practices and procedures applicable to the terrestrial and marine resources of the Southern Line Islands, duly established pursuant to the terms of sections 45 and 47 of the Act; "management committee" means the committee duly established by the Minister pursuant to the terms of section 46 of the Act; "Minister" means the Minister for the time being responsible for the environment; "Ministry" means the Ministry for the time being responsible for the environment; "PIPA" means the Phoenix islands Protected Area; "protected area" within the context of the SLIMPA means a large, zoned, multi-use land and marine area managed for conservation and sustainable use under IUCN Category lb- Wilderness Area; "public authority' has the same meaning as in the Act; and "SLIMPA" means the Southern Line Isl.ands Marine Protected Area. S. Protected area prescription and World Heritage nomination (I) The Minister hereby prescribes the following area as an area protected for conservation and sustainable use purposes pursuant to section 43 of the Act: FI int Island Volstok Island Starbuck Island Malden Island; and Millenium (otherwise known as Caroline) Island the lagoons and internal waters (if any) of each island and out to 12 nautical miles bounded by straight lines connecting the points in the order specified in SCHEDULE I. (2) This protected area shall be known as the Southern Line Islands Marine Protected Arca (3) This protected area shall also be nominated to the World Heritage Committee established under the World Heritage Convention, for the inclusion on the World Heritage list. (4) The Southern Line Islands Protected Area shall be recognized and managed as a Category lb Wilderness Area according to the definitions, objectives for management,and guidance provided by the IUCN's 1994 Guidelines for Protected Area Management Categories. The relevant extract of the Guidelines is attached as Appendix I. 6. SLIMPA Management Committee and Management Plan (1) The Minister shall establish a SLIM PA Management Committee, which shall be chaired by the Secretary of the Ministry, and shall comprise representatives of: (a) the Principal Environment Officer; Pose 4 of 11 (b) the Environment and Conservation Division of the.Ministry; (c) the Pf PA Implementation Office of the Ministry; (d) the Ministries for the time being responsible for: (i) fisheries' (ii) the Line islands; (iii) finance; (iv) tourism; (v) foreign affairs; and (vi) commerce; (e) the Office of the Attorney General; and (t) the Kiribati Police Service. (2) The SLIMPA Management Committee shall: (a) prepare a draft management plan and sustainable financing mechanisms for the SLIMPA; (b) resolve inter-agency differences and make recommendations to the Minister relating to actions associated with the management of the SLIMPA; (c) provide such advice as the Minister may seek related to activities in the SLIMPA, including proposed development activities; and ( d) monitor the management of SLlMPA and make such reports as the Minister might require compliance with the terms of the Act, these regulations, the SLIMPA management plan, and any other international treaty agreements or third party contractual agreements entered into for the purposes of sustaining the conservation and sustainable use of the SLIMP A. (3) Within 12 months ofthe entry into force of these Regulations, the SLIMPA Management Committee shall develop and the Minister, acting in accordance with the advice of the Cabinet, shall adopt a SLIMPA management plan that is consistent with the Act, these Regulations, and any international treaty agreements or third party contractual agreements entered into for the purposes of sustaining the conservation and sustainable use of the SUMPA. (4) The SLIMPA management plan shall identify such management zones and associated allowable activities as are appropriate for implementing the purposes of this regulation and the Act. (5) Except as provided in Regulation 11 below, pending adoption of the management plan, no activity that takes place in or affects the SLIMPA or places at risk the ecological integrity of the SUMPA shall be licensed, approved or undertaken by any public authority without the express written authorization of the Minister. (6) As part of the management plan, and subject to available funding, the Minister shall develop and implement a monitoring program designed to ensure that the objectives of the Act, these Regulations, and the SLIMPA management plan are being accomplished. 7. Marine conservation, management and development In addition to such other requirements as may be established by these regulations or the management plan, all provisions of Parts Ill, IV, V, VI and VII of the Act shall fully apply within the SLIMPA at all times. Pages of 11 8. SLIMPA Management Plan (!) The objectives of the SLIMPA are specified in a management plan developed by the SLIMPA Management Committee and the 'Principal Environment Officer, in accordance with the provisions of Part V of the Act. · (2) In addition to the management principles set out in section 45(1) of the Act, the SLIM PA management plan shall ensure that all activities that take place in the SLIMPA are designed for the benefit of present and future generations. To that end, the SLIMPA management plan shall implement such necessary measures as are necessary for the following objectives: (a) to conserve and manage substantial examples of marine and terrestrial systems to ensure their long-term viability and to maintain genetic diversity; (b) to conserve depleted, threatened, rare or endangered species and populations and, in particular, to preserve habitats considered critical for the survival of such species; (c) to conserve and manage areas of significance in the SLIMPA to the life cycles of economically important species such as tuna; (d) to prevent human activities from detrimentally affecting the SLIMPA; (e) to preserve, protect, and manage historical, cultural and archeological s ites and natural aesthetic values; (f) to facilitate the interpretation of marine and terrestrial systems for the purposes of conservation, education and tourism; (g) to accommodate within the appropriate management regimes a broad spectrum of multi use human activities compatible with the primary goal of marine and terrestrial conservation and sustainable use, including appropriate fishing, ecologically-sound tourism, and sustainable economic development; (h) to provide for research and training and for monitoring the environmental effects of human activities, including the direct and indirect effects of the development activities; and (i) to ensure consistency between all activities taking place in the SLIMPA and any third party conservation contracts into which the Minster may choose to enter with the advice and approval of the Cabinet for the conservation and long-term sustainable use of the SLIMPA. 9. Conservation and management measures (I) All persons and corporations engaged in conduct in the SLIMPA must comply with all conservation and management ll)easures as specified in the Act, these Regulations and the SLIMPA management plan. (2) All public authorities are obliged to conduct all activities within the SLIMPA, or that are likely to have effects on the SLIMPA, consistently with the Act, these Regulations and the SLIMPA management plan. (3) The SLIMPA management plan ~hall be consistent with any international obligations or agreements relating to the environment entered into by Kiribati. (4) Additional conservation and management measures may be specified by the Minister or in the SLIMPA management plan as required. Page6ol 11 10. SLIMPA permit, license and penalty provisions (I) With respect to any activity having an effect or the potential for an effect on the SLIMPA, all licenses, permits, or other approvals issued by the Minister, as well as any other license, permit, or approval issued by any other public authority, shall be consistent with the provisions of the SLIMPA management plan, these Regulations and the Act (2) In addition to any other license, permit or approval required by the Act, and subject to further specification in the SLIMPA management plan, the following permit and license requirements shall be in force in the SLIMPA and implemented as part of the management activities in the SLIMPA: (a) scientific, cultural, or educational studies - special permission is required from the Principal Environment Officer for conducting any scientific or educational study within the SLIMPA; (b) collection of specimens - special permission is required from the Principal Environment Officer for the collection ofany scientific specimens or samples from the SLIMPA; (c) special permits - any special permission must be obtained from the Principal Environment Officer prior to the start of any activity. Special conditions may be attached to the permit including reporting requirements. The Principal Environment Officer shall promptly notify the SLIMPA management committee of all special pennit in fon:e for the SLIMPA; (d) the SLIMPA management plan shall further specify permits, the conditions of permits and the process for obtaining permits for visitors to the SLIMPA for purposes of diving, visiting the atolls in the SLIMPA, and recreational fishing; and (e) the SLIMPA management plan shall further specifies schedules for any processing or use fees associated with SLIMPA permits and licenses. (3) In addition to the offences set out in Part III of the Act, the SLIMPA management plan shall establish such additional offences punishable by fines not to exceed $100,000 or terms of imprisonment not to exceed five years, or both that are considered necessary to enforce the practices and procedures established in the SLIMPA management plan. Any violation of those practices or procedures shall constitute a violation ofthes'e regulations and the Act (4) The Principal Environment Officer shall have primary responsibility and authority to commence civil, criminal, injunctive, or other action against any person or corporation reasonably believed to be in violation of the Act, these regulations, or the SLIMPA management plan. (S) The Principal Environment Officer shall have primary responsibility and authority to amend, suspend, revoke or withhold any license or other authorization issued to a person or corporation reasonably believed to be in violation of the terms of their license or authorization, the terms of the SLIMPA management plan, these regulations or the Act Pa&t:7of11 11. Savings and transitional Any existing licenses, authorization and agreements granting approval for any undertakin gs or activities within SLIMPA shall remain valid and such undertakings or activities carried out pursuant to those licenses, authorization and agreements shall continue subject to the SLIMPA requirement s, until and unless otherwise decided by the Cabinet . 12. Miscellaneous (1) The Minster, in consultation with the SLIMPA management committee and the P rincipal Environment Officer, shall issu~ a report on the state of SUMP A every four years. The re port shall include the following environmental and management indicators: (a) bird population trends; (b) bird nesting pairs population trends; (c) live coral cover trends; ( d) selected reeffish population trends; (e) reef shark population trends; (t) turtle population trends; (g) pelagic conditions within the SLIMPA, including fisheries landings trends; (h) annual visitor number trends; and (i) such other matters as the SLIM PA management committee deems appropriate to report. (2) The Minister may require, by written notice, a licensee or permit holder, public a uthority, or other person to present information relevant to the report. Such person or entity shall com ply with a request of the Minister within one month of receiving it Pose I of 11 SCHEDULE1 SLIMPA Map, Boundaries and Coordinates Page 9 of 11 ID xcoord ycoord Lon&ltucle Latitude CAROOO 150.3704608 9.777740063 150'22'13.658728692-W 9'46'39.864226785276"S CAROOl 150.0477454 9.776793684 150'2'51.8833S99864"W 9'46'36.457260894588"S CAR002 1S0.0553164 10.12979321 150'3'19.1390871132-W 10'7'47.25553809756"S CAR003 • 150.396013 10.13168596 150'23'45.6468077364''W 10'7'54.06946987872"S CAR004 150.3704608 9.777740063 150'22'13.658728692"W 9'46'39.864226785276'5 VOSTDO 152.4524955 ·9.91212594 152'27'8.9836880652'W 9'54'43.653383254008"S VOSTOl 152.1685816 9.914018699 152'10'6.8939208768-W 9'54'50.46731503524"S VOST02 152.1714208 10.21212821 152'10'17.1148185516"W 10'12'43.6615705818"S V05T03 ·152.456281 10.21023546 152'27'22.6115516268"W 10'12'36.84763880064"S VOST04 152.4524955 ·9.91212594 152'27'8.9836880652-W 9'54'43.653383254008"S FLINOO 151.9859304 11.28153695 151'S9'9.3495039864"W 11'16'53.S3302698832"S FLINOl 151.6745716 11.27585868 151 '40'28.4577259728"W 11' 16'33.09123164448"S FLIN02 ·151.663215 11.59100302 151°39'4 7.5741352844 •w 11' 35'27.61087322256"5 FLIN03 151.9670028 11.58153923 151'58'1.2101861748"W 11'34'53.5412143164"5 FLIN04 151.9859304 11.28153695 151 "59'9 .3495039864 "W ll '16'53.53302698832"5 MALDOO 155.0933672 3.842048378 155'5'36.1220058564"W 3'50'31.374160785312"5 MALOOl 154.7526706 3.840155619 154'45'9.6142852296"W 3'50'24.560229004044"S MALD02 154.7479387 4.170442035 154'44'52.5794557776"W 4'10'13.59132483216"5 . MALD03 155.1018846 4.168549276 155"6'6.78469887"W 4'10'6.777393050928"S MAL004 155.0933672 3.842048378 155'5'36.1220058564"W 3'50'31.374160785312"S STAROO 156.0529959 ·5.46982097 156'3'10.7854189488"W 5"28'11.355492660276"S 5TAR01 ·155.718924 5.475499247 155'43'8.1264595584'W 5' 28'31.797288004044"5 5TAR02 155.7198704 5.807678421 155"43'11.5334254488'W 5'48'27.642315613392"5 5TAR03 ·156.060567 5. 796321868 156'3'38.041146072'W 5'47'46.758724925892"5 5TAR04 156.0529959 ·5.46982097 156' 3'10.7854189488"W 5'28'11.355492660276"5 Page 10 of 11 .so4 Dated this ......... day of July 2020. I i UA TEKI Tj'KAiARA Minister for Environment, Lands and Agricultural Development ~ Published by exhibition at the Office of the Beretitenti this .~day of July 2020. '--1>R NAOMI BIRIBO Secretary to the Cabinet Page 11 of 11