Ocean Law Bulletins

Dr. Transform Aqorau, former CEO of the Parties to the Nauru Agreement (PNA) answers a few questions about the PNA and immediate challenges going forward.

The PNA is a regional agreement between Federated States of Micronesia, Kiribati, the Marshall Islands, Nauru, Palau, Papua New Guinea, Solomon Islands and Tuvalu that focuses on the management of shared fisheries resources for the benefit of Pacific Islands.

The PNA represents self-organisation by a group of Pacific Islands to manage their valuable fisheries resources through co-operation and a shared understanding that sustainable management will lead to long-term economic benefits. In this bulletin we find out more from Dr Transform who kindly provides responses to some key questions.

The Fiji government has made a bold commitment to designate marine protected areas (MPAs) across 30% of its ocean spaces. If this goal is realised, MPA status will be declared over approximately 390,000 square kilometres of Fiji’s ocean spaces. The protection of these marine resources serves several purposes and includes food security for communities, particularly in times of need, and in terms of economic value. In 2014 Fiji’s fisheries were estimated to be worth approximately F$250million.

In this bulletin we consider the legislation that enables the legal declaration of MPAs, how Fiji's common law principles support an inclusive decision-making process leading up to the declaration of MPAs and how following an inclusive and integrated process may lead to more effective MPAs that are suited to Fiji's law and governance context. 

On 1 December 2016, the Honourable Minister for Fisheries, Mr Semi Koroilavesau announced that the use of underwater breathing apparatus (UBA) to harvest and export bêche-de-mer (BDM), the processed and traded form of sea-cucumber, would no longer be permitted under Fiji law.

The reports in Fiji’s press have characterised this as a ban on BDM harvesting using UBA, and this has led to some in the fishing industry questioning the jurisdiction and legality of such a directive.

In this bulletin we consider the legal basis for denying permission for the use of UBA for harvesting BDM, set out other laws relating to the harvesting of BDM, and briefly consider why it is important to uphold the law on the use of UBA to harvest BDM which has been in force from 1997.

 Mangroves, like the ocean and the reefs, surround or should surround Fiji. They are a hardy species that inhabits the intertidal zone, on State “land”, and if they are left alone or lightly managed they regenerate. Despite the many benefits that accompany mangroves, they are vulnerable in the face of development pressures including pollution, and their fate rests in the hands of our decision makers.

Mangroves and development is a topical issue that concerns many in Fiji. For example at the recent Parliamentary Speaker’s Debate held in Suva on 1 February 2017, the Honourable Minister for Fisheries, Mr Semi Koroilavesau noted the importance of mangrove stands and stated that he is considering a recommendation that any coastal development in Fiji must include preservation of mangrove. The Honourable Minister was responding to a question from a concerned citizen who had noted to her despair that there had been a recent increase in clearing of Fiji’s mangrove stands for development purposes.

In this legal bulletin, we briefly consider how Fiji law protects mangroves, who in Fiji’s complex governance system decides whether they should be cleared in the face of development and consider ways to improve decision-making in relation to mangroves which should follow an approach that involves multiple government agencies and views from various stakeholders.

The world’s oceans are the largest international commons on earth. All nation States have an equal right to navigate and traverse the oceans through their registered ships under the international legal principle of freedom of navigation. Maritime law requires every ship to be registered (flagged) to a nation State (flag State), and when duly registered that ship is regulated by its flag States and enjoys protection from interference or regulation from other States. While the protection from interference has its origins in the law of the sea's first principles it also means that flagged vessels can avoid regulation, and this is leading to human rights abuses at sea going unchecked. This legal bulletin aims to explain the international legal context that is facilitating a lack of regulation, examines why the issue needs to be addressed and briefly considers how New Zealand is responding and other potential solutions.