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Ocean Law Bulletins

Fiji's Ministry of Fisheries has amended and shortened the seasonal ban on the capture of species of Kawakawa (grouper) and Donu (coral trout)

Aug 24, 2020 / by James Sloan and Emily Samuela posted in Inshore fisheries, fisheries management, Fiji Fisheries decision making, fisheries law, minimum fish sizes, Fiji fisheries laws, Kawakawa and Donu

Kawakawa (Grouper) and Donu (Coral Trout) are Fiji's most popular eating fish and are highly prized by all Fiji citizens. For a number of years, many of Fiji's citizens have been taking a voluntary pledge not to consume these important species during their peak breeding season (June to the end of September). 

In 2018, Fiji's Minister of Fisheries imposed a legal ban on the capture of a number of listed species of Kawakawa and Donu from June to the end of September each year. This was followed in June 2019 by Fisheries Regulations implementing this seasonal ban.

Recently, in August 2020, the Minister of Fisheries has amended the seasonal ban by reducing it by two months, effectively ending the ban on 1 August 2020. In this legal bulletin we briefly review the seasonal ban, its amendment and the reasons that marine scientists called for the seasonal ban to assist in the sustainable management of these popular species.

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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 Inshore Fisheries Management: commitment to conserve grouper and sea cucumber leads to amendments to Fiji’s Offshore Fisheries Management Regulation

Jun 14, 2019 / by Emily Samuela and James Sloan posted in Oceans Law, Beche de mer, Fiji fisheries, Fisheries Act, Underwater breathing apparatus, Marine Conservation, Inshore fisheries, Fiji Oceans, Nearshore Fiji fisheries, Fiji Fisheries Regulations, fisheries law, Sovereign Rights, Integrated Oceans Management Pacific, Pacific Blue Economy, Oceans Governance, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws, School of Marine Studies, University of the South Pacific

On Wednesday, 12 June 2019, by Legal Notice No. 32 ("Legal Notice"), the Minister of Fisheries in exercise of his powers amended the Offshore Fisheries Management Regulations 2014 and introduced seasonal bans of species of sea cucumbers, groupers and coral trout with effect from 1 June 2019.

The exercise of the Honourable Minister of Fisheries' powers reflects the growing public concern for the health and sustainability of Fiji's inshore fisheries, the ongoing success of Fiji's 4FJ public awareness campaign and the commitment and vision of Fiji's Ministry of Fisheries working with various NGOs and academics to take action to conserve and manage Fiji's vital fisheries resources for future generations in line with Fiji's commitments to the United Nations Ocean Conference.

In this bulletin, we set out the amendments to the law that are now in force, and briefly discuss the factors that have led to the implementation of this conservation initiative.

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Fiji Fisheries: Economic and other opportunities from regulation of fisheries in archipelagic and territorial waters

Jun 6, 2019 / by James Sloan posted in Oceans Law, Marine Protected Areas, Inshore fisheries, fisheries management, Fiji Fisheries decision making, Fiji Fisheries Regulations, Sovereign Rights, Pacific Ocean Rights, Oceans Governance, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws, Fiji Game Fishing

In accordance with Fiji law, commercial fishing within Fiji's large archipelagic and territorial waters is reserved only for Fiji registered fishing vessels. Foreign fishing vessels may be licensed to fish within Fiji Exclusive Economic Zone (EEZ) and Fiji registered fishing vessels may also be licensed to fish in Fiji's EEZ.

Fiji has total authority to regulate and manage its fisheries across its vast archipelagic and territorial waters (which we refer to as inshore areas) and this authority derives from Fiji's territorial sovereignty. Getting its fisheries management regime right in these inshore areas is in Fiji's national interest.

In this legal bulletin we describe Fiji's inshore areas and its authority to regulate fisheries, discuss the modern legislative framework Fiji has in place to manage and regulate its inshore fisheries, and set out why Fiji's opportunity to implement sustainable management is dependent on good decision-making processes led by Fiji's Ministry of Fisheries. We also update on some initiatives that are being undertaken by the Ministry of Fisheries to manage inshore fisheries.

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Strengthening Fiji's laws to protect sharks and other important species

Apr 1, 2019 / by James Sloan and Emily Samuela posted in Sharks, Inshore fisheries, Illegal fishing in Fiji's nearshore waters, Fiji Fisheries Regulations, Oceans Governance, Fiji Sharks, Ministry of Fisheries Fiji, Inshore Fisheries Management Division Fiji, Fiji fisheries laws

Sharks that are alive and healthy in Fiji's oceans are worth a great deal of money to Fiji's economy. In 2012, the Pew Foundation calculated that shark diving alone generated US$42.2 million for Fiji's economy

Unfortunately, the unnecessary killing of sharks, whether intentional or as a result of an accidental bycatch, removes this opportunity and has adverse effects on marine ecosystems and Fiji’s tourism industry. It is vital, therefore, to provide protection for shark nurseries, and ensure Fiji has effective fisheries laws and initiatives for shark protection that are implemented.

Early this year, dead baby sharks hit the headlines when around 10 juvenile hammerhead sharks were found dumped in a culvert near Suva. These endangered animals may have been caught illegally in nets set across a nearby river mouth where scientists at the Marine School, USP have undertaken a detailed and celebrated study and found a significant and important breeding ground.

Fortunately, the newly created Inshore Fisheries Management Division (IFMD) within the Ministry of Fisheries is currently looking to strengthen a variety of fisheries laws and regulations and their implementation including, but not limited to, the laws that protect sharks. In this bulletin, we consider the existing relevant laws on netting around rivers and discuss additional measures to ensure that sharks are better protected. We also briefly consider other initiatives that are currently being led by the IFMD to make Fiji's inshore fisheries more sustainable for the benefit of all Fijians. For more information regarding other shark conservation measures in Fiji, please see our previous bulletin: “A Legal Policy Discussion of Shark Conservation in Fiji”.

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Fiji fisheries law: Could improved regulation of minimum size limits lead to more sustainable fisheries and bigger fish in nearshore and coastal waters?

May 2, 2018 / by Emily Samuela and James Sloan posted in Oceans Law, Fisheries Act, Commercial fishing, Traditional fishing rights, Inshore fisheries, Fiji Oceans, fisheries management, Illegal fishing in Fiji's nearshore waters, Fiji Fisheries decision making, fisheries law, minimum fish sizes

The sustainable management of Fiji’s coastal fisheries is vital for national well-being and food security. One intuitive solution to improve nearshore and coastal fisheries is to enable fish to reach sufficient maturity so they have had the chance to breed before they are caught - in other words the adoption and enforcement of suitable minimum size limits.

The Fisheries Act, 1941 and Fisheries Regulations, at present, regulate nearshore fisheries using various mechanisms that include how fish may be caught, licensing and minimum fish sizes. However, recent work by fisheries scientists in Fiji suggest that the Regulations are out of date and not fit for purpose in the Fiji context. Fisheries scientists suggest that at present too many coastal and nearshore fish are being caught before they reach maturity and this is one reason that is contributing to a decline in Fiji's coastal and nearshore fish stocks.

In this bulletin, we consider the current law on fish sizes and the work being undertaken by fisheries scientists and the Ministry of Fisheries to address the question of what minimum sizes of fish should be caught in its coastal and nearshore waters.

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The management of Fiji’s nearshore fisheries will benefit from a good decision making process leading to Fisheries Regulations

Mar 21, 2018 / by Emily Samuela and James Sloan posted in Beche de mer, Fiji fisheries, Fisheries Act, Commercial fishing, Marine Conservation, Traditional fishing rights, Inshore fisheries, administrative law, Fiji's Constitution, Environmental governance, Nearshore Fiji fisheries, Fiji Fisheries decision making, Fiji Fisheries Regulations

Healthy stocks of fish and other aquatic animals in Fiji’s nearshore waters are vital for the nation’s well-being and food security needs. Healthy stocks are also a priority for the Ministry of Fisheries and Honourable Minister for Fisheries, Semi Koroilavesau who speaking in Parliament recently explained that the Ministry would refocus its efforts on nearshore and coastal fisheries with the aim of balancing development with national and local needs.

The good regulation of fishing activity in nearshore waters is part of the answer to improve fish stocks.

In this legal bulletin we consider the current nearshore fisheries regulatory regime and discuss how the use of Fisheries Regulations could improve fisheries management. The use of regulatory powers is an exercise of public law and as such Fiji’s common law system requires a careful and consultative decision-making process.

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Fiji fisheries law: When is fishing activity illegal in Fiji's nearshore waters?

Mar 7, 2018 / by Emily Samuela and James Sloan posted in Fiji fisheries, Commercial fishing, Inshore fisheries, Fiji Oceans, Nearshore Fiji fisheries, Illegal fishing in Fiji's nearshore waters

Fishing in nearshore waters in Fiji is a common activity, however, it is not always easy to tell when that activity is lawful or unlawful.

Fiji is a common law jurisdiction and accordingly wild fish and other marine organisms in their uncaptured state belong to nobody and the principle ferae naturae applies. However, legislation can and does:

  • limit the type of species of fish or other aquatic animals that can be legally caught
  • prescribes limits to the fishing methods that can be used to capture fish
  • regulates other factors including the minimum size of the fish that may be legally caught and when a fishing licence is required.

In this bulletin we consider the fisheries legislation that is applied to nearshore waters and how it applies to different types of nearshore fishing activity with the aim of better explaining what could constitute illegal fishing activity in nearshore fishing waters. Please note this legal bulletin is prepared on the basis of the Fisheries Act, 1941 and the Fisheries Regulations as they are at the present time, and we are aware that the Ministry of Fisheries is reviewing this legislation with a view to updating it to better manage Fiji's important fisheries resources. 

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Fiji's Minister for Fisheries has created two new Marine Reserves with Regulations made under powers conferred by section 9 of the Fisheries Act, 1941

Jan 30, 2018 / by James Sloan posted in Marine Protected Areas, Fiji fisheries, Fisheries Act, Traditional fishing rights, Inshore fisheries, administrative law, Environmental decision making, Fiji law

On, Friday, 19th January 2018 by Legal Notices No. 3 and No. 4 the Honourable Minister for Fisheries exercised his powers pursuant to section 9 of the Fisheries Act, Cap 158 (Fisheries Act) to create two new marine reserves in inshore areas within Fiji’s fisheries waters.

The creation of the marine reserves has been by way of Regulations that are cited as:

Fisheries (Kiuva Marine Reserve) Regulations 2018
Fisheries (Naiqoro Passage Spawning Aggregation Marine Reserve) Regulations 2018.

In this legal bulletin we set out the powers that section 9 of the Fisheries Act provides to the Minister for Fisheries to create and declare marine reserves via Regulations. We also expand on the effect of these new Regulations that have been brought into force by being published (gazetted) in Fiji’s Government Gazette.

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Designating all fisheries officers in Fiji “authorized officers” may assist with inshore fisheries enforcement.

Aug 30, 2017 / by James Sloan posted in Fiji fisheries, Commercial fishing, Inshore fisheries

On 25 August 2017, the Ministry of Fisheries hosted an inter-agency National Inshore Fisheries Enforcement Forum and in his opening address Deputy Permanent Secretary Sanaila V. Naqali called for more inter-agency collaboration to assist with inshore fisheries enforcement. The message from the Ministry of Fisheries is that in contrast to Fiji’s oIffshore fisheries, the current status of inshore fisheries is a cause of grave concern. This concern is heightened because inshore fisheries are more important than offshore fisheries in terms of Fiji’s national interest as they provide a vital protein source and food security for so many Fijians as well as a greater contribution to Fiji's economic well being and fish consumption than offshore fisheries.

It seems likely that offshore fisheries have become increasingly well managed and regulated thanks to commitment and hard work by the Ministry of Fisheries, the expertise of its fisheries officers inside the Offshore Fisheries Division, and the valued support from regional fisheries management organisations (amongst others). But is also the case that inshore fisheries are by their nature more challenging to regulate and manage sustainably than offshore fisheries. Inshore fisheries are much easier to access, include within inshore waters traditional fishing rights areas, and involve many more fishers from subsistence fishers up to significant commercial enterprise and everyone in between.

While enforcement is a complex topic: in this bulletin we examine how extending inshore fisheries officers powers pursuant to the Offshore Fisheries Management Decree, 2012 may assist the Ministry of Fisheries better meet the significant challenges that they face in regulating inshore fisheries. The timing may be good to extend inshore fisheries officers powers as the Ministry of Fisheries has made the recent decision to create a new Inshore Fisheries Division within the Ministry of Fisheries dedicated to the good regulation and sustainable management of Fiji's most important natural resources.

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