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Ocean Law Bulletins

Emily Samuela


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Fiji fisheries law update: Ban on importation and exportation of shark fins and live coral

Jul 15, 2019 / by Emily Samuela posted in Oceans Law, Sovereignty, Inshore fisheries, Fiji Oceans, fisheries management, fisheries law, UN Oceans, Oceans Governance, Precautionary Principle, Fiji Sharks, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws

The importance of healthy sharks, and coastal marine ecosystems, to Fiji’s economy has been recognised by the Ministry of Fisheries and the Fiji government via new customs laws that have expanded the list of banned imports and exports to include shark fins and live coral.

The importation into Fiji of any goods specified in Schedule 1 of the Customs (Prohibited Imports and Exports) Regulations 1986 is illegal. On Friday, 7 June 2019, by Legal Notice No. 31, the Honourable Minister exercised powers pursuant to section 64 of the Customs Act and expanded the list of Prohibited Imports and Exports in Schedule 1 to include shark fins and live coral.

In this legal bulletin we provide a brief update on what this means for the import and export of shark fin.

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Fiji Fisheries Regulation and the enforcement of minimum sizes for mud crabs

Jun 10, 2019 / by Emily Samuela posted in Fiji mangroves, fisheries management, Illegal fishing in Fiji's nearshore waters, Fiji Fisheries Regulations, fisheries law, Pacific Ocean Rights, traditional rights, Ministry of Fisheries Fiji, Fiji fisheries laws, Fiji mud crabs

The mud crab (Scylla serrata) is a delicacy in Fiji and can fetch high prices. However, over-crabbing in recent times has led to the decline in mud crabs. This has resulted in juvenile or undersized crabs being sold in markets and roadside stalls on a regular basis.

Recent reports in Fiji's media have highlighted the commendable work done by Ministry of Fisheries officials in monitoring the sale of undersized crabs and the confiscation of any such crabs smaller than the minimum size set by Fiji laws.[1]

In this bulletin, we outline the applicable law in Fiji that stipulates the legal sizes of crabs that may be harvested or sold, and the powers of the Ministry of Fisheries officers in the enforcement of such laws.

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Fiji Marine Pollution Law Series - Pollution from Ships

Jul 6, 2018 / by Emily Samuela posted in Fiji Oceans, Fiji pollution law, Fiji marine pollution law, Fiji shipping, marine pollution from shipping

Pollution in our oceans is a major cause for concern as it damages the marine environment that we depend on.

Sources of marine pollution are diverse and include pollution from:

  • Ships
  • Land-based activities such as industrial, agricultural and household wastes
  • Overuse of plastics and their careless disposal
  • Dumping of wastes at sea, and
  • Off-shore activities such as deep sea mining - the effects of which seem to be unknown at this point in time.

In the Pacific region, the shipping industry is a vital means of transportation and trade. However, pollution from the shipping industry in Fiji has recently become a trending topic as pictures surfaced on social media showing a ship engaged in deliberately pumping of oil into the Suva harbour. This story was covered in Fiji's press including in this Fiji Times article

About the Fiji Marine Pollution Law Series

In this bulletin we consider Fiji’s national laws and the relevant criminal offences in relation to different types of marine pollution from ships. We note but do not consider in this bulletin the additional International laws that prohibit dumping of waste and other hazardous materials at sea and also regulate oil spillages from ships and other vessels. 

In further legal bulletins as part of the Fiji Marine Pollution Law Series we will consider the law in relation to marine pollution arising from:

  • Industrial sources; and
  • Household waste
We will also consider in a further legal bulletin the high duty of care that polluters may owe to those who suffer damage as a result of marine pollution and hence the potential civil liability of polluters in the common law of negligence and nuisance. This is a separate and cross cutting legal question because in common law jurisdictions like Fiji the polluter owes a high duty of care to avoid causing likely harm to others regardless of whether the polluter is a ship, industrial facility, commercial entity or individual.
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