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Kiribati > Fishers

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Country: Kiribati - Subject: Fishers

  1. Kiribati - Fishers - Law, Act

    Fisheries (Amendment) Act 2017. - Legislation on-line

    Adoption: 2017 | KIR-2017-L-109014

  2. Kiribati - Fishers - Law, Act

    Marine Zones (Declaration) Act 2011 (No. 4 of 2011). - Legislation on-line

    Adoption: 2011-09-05 | KIR-2011-L-95532

    An Act to make provisions in respect of the internal waters, the archipelagic waters, the contiguous zone, the territorial sea, the exclusive economic zone, and the continental shelf of Kiribati and for connected purposes.

  3. Kiribati - Fishers - Law, Act

    Fisheries Act 2010 (No. 6 of 2010). - Legislation on-line

    Adoption: 2010-09-03 | KIR-2010-L-89302

    The Act repeals the existing Fisheries Ordinance 1979, Cap 33. It incorporates all amendments to Cap 33 enacted over the past years. It provides for the implementation of regional and international obligations from treaties in which Kiribati is party to: It also accommodates the flaws evident under Cap 33 by updating and improving certain provisions.
    The principal object of the Act is:
    a) To promote the sustainable management of the fisheries of Kiribati and the development and use of fisheries resources for the benefit of Kiribati, including the recovery of fees that reflect the value of the resource; and
    (b) To protect fish stocks and the marine environment of Kiribati.

    Part 2 incorporates section 4 to 6 which provides for the management of fisheries through the consideration of designated fisheries, and the preparation of fishery management plans.
    Part 3 regulates fishing vessels generally including international obligations and unlicensed foreign fishing vessels.
    Part 4 and 5 contain provisions on licences and authorisations generally and licences specifically, updating and improving the sections particularly the penalties.
    Part 7 introduces a section under Prohibited activities in relation to the driftnet fishing vessels in addition to the other destructive fishing methods previously covered under Cap 33.
    Part 8 elaborates further on authorised officers, the powers of authorised officers and the extended powers of authorised officers. This part incorporates and implements the need for observers to board and remain on Kiribati licensed vessels for the purpose of carrying out his or her duties.
    Part 9 and 10 provides for offences relating to authorised officers and observers and the destruction or disposing of evidence. Part 10 deals with seized property and forfeiture where a conviction resulted from a committal of an offence or offences under this Act.
    Part 11 incorporates section 30 to 38 on jurisdiction and evidential proof. It provides for certificate evidence, designated machines, photographic evidence, and designated observer devices.
    Part 12 incorporates old provisions on penalty, however introduces a section on penalty notices.
    The regulations which forms Part 13 updates the fine of $1 000 to $10 000 at section 44(2)(y).
    Part 14 provides for the repeat of Cap 33, and the savings on regulations, orders and notices made or given sander the repealed Ordinance to remain in force unless inconsistency with this Act occurred.

  4. Kiribati - Fishers - Law, Act

    Fisheries (Amendment) Act 2009 (No. 6 of 2009). - Legislation on-line

    Adoption: 2009-12-07 | KIR-2009-L-89299

    The object of this Act is to take away the discretionary power of the Court to forfeit a vessel or its catch, gear, instruments or appliances, equipment, stores and cargo when found guilty of breaching the provisions of the Fisheries Ordinance. It will act as a further deterrent to those who have constantly violated or are thinking of violating the Fisheries Ordinance. The need has arisen following the recent case of the Hai Soon 28, where the owner and captain were initially fined $5.13 million by the High Court, which was reduced to $4.73 million during the recent Court of Appeal sitting this August 2009. The recent experience is in direct contrast with the case of Te Tauu, where a similar use of a bunkering vessel violating our Fisheries Ordinance resulted in forfeiture of the vessel and its cargo to the Republic, in addition to a substantial fine. The amendment sought will restore that parity.

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