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Ocean Law Bulletins

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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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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The law on the use of Underwater Breathing Apparatus (UBA) in Fiji's inshore fishing industry

Feb 19, 2017 / by James Sloan and Filimone Tuivanualevu posted in Oceans Law, Beche de mer, Fisheries Act

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.

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