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kiribati.leg.spc

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KIR (i)

KIRIBATI

Kiribati consists of 32 coral atolls in three main groups and one isolated phosphate island (Banaba),

spread over more than 5,000,000 sq km of the Central Pacific Ocean and straddling both the Equator

and the international date line. The island groups are the sixteen Gilbert Islands, from Makin to

Arorae, eight Phoenix Islands and eight of the eleven Line Islands. The total land area of Kiribati is

600 sq km. Banaba, the Gilbert Islands and three of the Line Islands - Kiritimati (Christmas Island),

Teraina (Washington) and Tabueran (Fanning Island) are populated. The remainder of the islands

have no permanent population. The estimated total population in 1995 was 79,386.

The Gilbert and. Ellice Islands were proclaimed a British Protectorate in 1892 and annexed as the

Gilbert and Ellice Islands Colony with effect from 12 January 1916. In 1975 the Ellice Islands severed

its constitutional links with the Gilbert Islands, first as the Colony of Tuvalu and later as Tuvalu. The

Gilbert Islands Colony achieved internal self-government in 1976 and full independence as the

Republic of Kiribati on 12 July 1979.

Under the Constitution of 1979 the Beretitenti (President) is both Head of State and head of the

executive. He is elected for a four year term by popular vote from among the members of the

Parliament. The Parliament of Kiribati is a unicameral legislature of 35 members elected from 20

constituencies and the Attorney-General, who is appointed by the Beretitenti. The Beretitenti selects

the members of Cabinet.

The legal system of Kiribati derives from the Constitution of 1979 and Acts of Parliament, the

ordinances of the Gilbert and Ellice Islands Colony and the ordinances of the Gilbert Islands Colony

made prior to 1979, the statutes of general application in force in England on 1 January 1961 and the

substance of the English common law and doctrines of equity subject to the circumstances of Kiribati

and its people and Kiribati custom as applied in the courts.

Limits of National Jurisdiction

The Marine Zones (Declaration) Act 1983 defines and establishes a twelve mile territorial sea and a

200 nautical mile exclusive economic zone. The total area of the exclusive economic zone is 3.6

million sq km. Within the exclusive economic zone the Republic of Kiribati has sovereign rights for

the purpose of exploring and exploiting, conserving and managing the natural resources, whether

living or non-living, of the seabed and the subsoil under the seabed, and the waters over the seabed.

The Act also empowers the responsible Minister, in accordance with international law, to declare

archipelagic baselines. To date, no declaration of archipelagic baselines has been made.

Kiribati has maritime boundaries with Nauru, Marshall Islands, the USA in respect of Jarvis Island,

Kingman Reef, Palmyra Atoll and Howland and Baker Islands, New Zealand in respect of Tokelau,

Tuvalu, France in respect of French Polynesia and Cook Islands. No maritime boundary agreements

have been negotiated.

Fisheries Legislation

The basic fisheries law is the Fisheries Act (Cap.33). Under the Act, the Minister may take such

measures as he may see fit to promote the development of fisheries and fishing in Kiribati to ensure

that the fisheries resources of Kiribati are exploited to the full for the benefit of Kiribati. The Minister

is empowered to appoint a Chief Fisheries Officer and licensing officers for the purposes of carrying

out the provisions of the Act. The Act confers upon the Beretitenti, acting in accordance with the

advice of the Cabinet, wide powers to make regulations relating, inter alia, to the licensing of foreign

fishing vessels, the conditions to be observed by foreign fishing vessels, the conservation and

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KIR (ii)

protection of all species of fish, prohibited fishing gear and methods and the organisation and

regulation of marketing, distribution and export from Kiribati of fish and fish products.

The Fisheries Act creates a regulatory framework for the operation of fish processing establishments

and the Fisheries (Processing and Export) Regulations 1981 prohibit the export of fish or fish products

without a certificate of quality issued by a licensing officer.

Fisheries of all kinds are of vital significance to Kiribati and traditional fishing rights play an

important role in Kiribati society. The Fisheries Act contains a provision to protect such rights by

prohibiting the taking of fish in any sea or lagoon area or on any reef forming part of the ancient

customary fishing ground of any kainga or utu or other division or subdivision of the people except by

members of the kainga or utu or under a licence granted by the Minister in his discretion. The Native

Lands Code also recognises various forms of customary tenure over fish traps, reefs and fish ponds

and there are less formal controls exerted on many of the outer islands by island councils. These

controls may include, for example, restrictions on gear types (banning of monfilament gill nets on one

island), and prohibitions of fishing for certain species.

Licensing Requirements

A licence is required for all local fishing vessels. Local fishing vessels are defined in the Fisheries Act

as vessels wholly owned by persons resident and domiciled in Kiribati or owned by a company or

fisheries cooperative registered or incorporated in Kiribati, provided that sailing boats, paddling

canoes and boats, punts and barges under seven metres in length are not regarded as fishing vessels for

the purposes of the Fisheries Act and are thereby excluded from regulation.

Permits authorising fishing by foreign fishing vessels may be granted by the Chief Fisheries Officer

with the approval of the Minister. Foreign fishing permits are subject to such conditions as may be

prescribed and to such conditions as may be endorsed on the permit by the Chief Fisheries Officer. To

date, no regulations have been made prescribing the general conditions applicable to foreign fishing

permits. Fees and royalties for foreign fishing are fixed by the Chief Fisheries Officer with the

approval of the Minister.

The penalties for illegal foreign fishing are a fine of A$250,000 for fishing in the exclusive economic

zone without a valid permit and, for contravention of a permit, a fine of A$50,000.

The Fisheries (Pacific Island Parties’ Treaty with United States of America) Act 1988 implements, on

the part of Kiribati, the Treaty on Fisheries Between the Governments of Certain Pacific Island States

and the Government of the United States of America. Under the Act, the treaty is accorded the status

of law in Kiribati. A consequence of this is that, in respect of fishing vessels to which the treaty

applies (i.e. all fishing vessels of the United States) the penalty in Kiribati for contravention of the

treaty or the breach of an applicable national law is a fine of A$250,000.

Conservation and Management

The Fisheries Act prohibits the use of explosives, poisons and noxious substances for the purpose of

catching fish and it is an offence to possess explosives, poisons or other noxious substances in

circumstances giving rise to a reasonable suspicion that the substance is intended to be used for

fishing. The penalty for breach of this prohibition is a fine of $1,000 or imprisonment for five years.

There is little formal regulation of inshore fisheries in Kiribati though, as noted above, traditional

fishing rights, which often include traditionally enforced conservation measures, play an important

role in Kiribati. Fishing is prohibited in certain areas of Kiritimati and the Fisheries Conservation and

Protection (Rock Lobsters - Panulirus Species) Regulations 1979 introduced minimum size limits

throughout Kiribati in respect of rock lobsters (Panulirus spp.).

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KIR (iii)

Under the Wildlife Protection Act (Cap. 100) (not reproduced in this compendium) it is an offence to

hunt, kill or capture wild turtles on land and the green turtle (chelonia mydas) is fully protected

throughout the Line and Phoenix Islands.

Regional and International Agreements relating to Fisheries

Kiribati is a member of the South Pacific Forum and is an ACP state of the European Community.

Kiribati is also a member of the Forum Fisheries Agency and the South Pacific Commission. Kiribati

has not signed or acceded to the United Nations Convention on the Law of the Sea. It is a party to the

Treaty on Fisheries Between the Governments of Certain Pacific Island States and the Government of

the United States of America and the Nauru Agreement Concerning Cooperation in the Management.

of Fisheries of Common Interest. Kiribati signed the Convention for the Prohibition of Fishing with

Long Driftnets in the South Pacific on 13 February 1990, subsequently ratifying the Convention on 10

January 1992, and signed the Niue Treaty on Cooperation in Fisheries Surveillance and Law

Enforcement in the South Pacific Region on 11 May 1993 and subsequently ratified the Treaty on 30

October 1994. It is a signatory to the FSM Arrangement, and signed and ratified the Palau

Arrangement on 6 May 1993 and 9 December 1995 respectively.

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KIR (iv)

Acts and Subsidiary Legislation of Kiribati

Reproduced in this Compendium

Marine Zones (Declaration) Act 1983 (No. 7 of 1983)

Fisheries Act (No. 22 of 1977) (Cap.33) Unofficial consolidation 1992

Am. Act 9 of 1978

Am. Act 8 of 1983

Am. Act 9 of 1984

s. 2 Proclamation

s.22 Prohibited Fishing Areas (Designation) Regulations

Fisheries Conservation and Protection

(Rock Lobster - Panulirus species) Regulations

Fisheries (Processing and Export) Regulations 1981

Fisheries (Vessel Licences) Regulations 1981

Fisheries (Vessel Licences) Regulation (No. 1) 1982

Fisheries (Pacific Island States’ Treaty with the USA) Act 1988

Page

KIR 1

KIR 6

31/79

LN 61/78,

LN 71/78

LN 3/79

LN 41/81

LN 40/81

LN 13/82

KIR 22

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KIR 1

Marine Zones (Declaration) Act

THE REPUBLIC OF KIRIBATI

MARINE ZONES (DECLARATION) ACT 1983

ARRANGEMENT OF SECTIONS

PART I

PRELIMINARY

1. Short title

2. Interpretation

3. Reference to rules of international law

PART II

THE MARINE ZONES

4. Internal waters

5. Archipelagic waters

6. Territorial seas

7. The exclusive economic zone

8. Legal character of marine zones, etc.

9. Rights of other states in marline zones

10. General regulations as to exclusive economic zone

11. Charts, publicity, etc.

12. Evidentiary provision

_________________________

An Act to make provision in respect of the internal waters, the

archipelagic waters, the territorial sea and the exclusive economic zone of

Kiribati

Commencement: 16th May 1983

MADE by the Maneaba in Maungatabu and assented to by the Beretitenti

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KIR 2

Marine Zones (Declaration) Act

PART I

PRELIMINARY

Short title 1. This Act may be cited as the Marine Zones (Declaration) Act 1983

Interpretati-

2. (1) In this Act, unless the context otherwise requires -

"the baseline of Kiribati" means the low-water line of the seaward side of the reef

fronting the coast of any part of Kiribati or bounding any lagoon waters adjacent

to any part of that coast, or where a reef is not present the low-water line of the

coast itself;

"Conservation and management" includes all rules, regulations, methods and measures

that -

(a) are required to build, restore or maintain, or are useful in rebuilding,

restoring or maintaining, any fishery resource or the marine environment;

(b) are designed to ensure that -

(i) a supply of food and other products may be taken, and that

recreational benefits may be obtained, on a continuing basis; and

(ii) irreversible or long-term ill-effects on fishery resource or the

environment are avoided; and

(iii) there will be a multiplicity of options available with respect to future

uses of these resources;

"fishery resource" means any fishery, stock of fish, species of fish or habitat of fish;

"low-tide elevation" means a naturally-formed area of land that is surrounded by and

is above water at mean low-water spring tides but is submerged at mean high-

water spring tides;

"the low-water line", in relation to any area, means the line of low water at mean low-

water spring tides as depicted on the largest scale nautical chart of the area held

by the Minister responsible for marine affairs;

"the median line" means a line every point of which is equidistant from the nearest

point of -

(a) the inner limits of the territorial sea of Kiribati; and

(b) the corresponding baseline of any other country;

"nautical mile" means an international nautical mile of 1,852 metres.

(2) For the purposes of this Act, permanent harbour works that form an integral

part of a harbour system shall be treated as forming part of the coast.

Reference to

rules of inte-

rnational law

3. Where in this Act it is provided that anything shall be done by the Republic of

Kiribati or by the Cabinet or a Minister, or any law or order shall be made, in accordance

with the rules of international law, the question, whether it was so done or made, is non-

justiciable.

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KIR 3

Marine Zones (Declaration) Act

PART II

Internal

waters

THE MARINE ZONES

4. (1) For the purposes of any law of Kiribati, the internal waters of Kiribati are all

waters inland of the base-line of Kiribati, and where closing lines are drawn in

accordance with. subsection (2) the waters inland of those lines to the extent that they are

outside the base-line of Kiribati.

Archipelagic

waters

(2)The Minister may, in accordance With the rules of international law, declare, by

reference to physical features marked on official charts or to lists of geographical co-

ordinates specifying the geodetic datums, the points between which closing lines are to

be drawn for the purpose of determining the outer limits of the internal waters of Kiribati,

in the case of the mouths of or entrances to lagoons.

5. (1) For the purposes of any law of Kiribati, the archipelagic waters of Kiribati comprise

all areas of sea contained within the baselines established under subsection (2).

Territorial

seas

(2) The Minister may, in accordance with the rules of international law, declare, by

reference to physical features marked on official charts or to lists of geographical co-

ordinates specifying the geodetic datums, the points between which straight baselines are

to be drawn for the purpose of determining the outer limits of the archipelagic waters of

Kiribati and the inner limits of the territorial sea.

6. (1) Subject to subsection (2), for the purposes of any law of Kiribati the territorial

seas of Kiribati are those parts of the sea within 12 nautical miles from the outer limits of

the internal waters of Kiribati.

(2) Where archipelagic baselines are drawn under Section 5(2), the breadth of the

territorial sea shall be measured from those baselines to the extent to which they are

outside the outer limits of the internal waters of Kiribati.

The exclusive

economic zone

7. (1) Subject to the succeeding provisions of this section, for the purposes of any

law of Kiribati the exclusive economic zone of Kiribati comprises those parts of the sea

having as their inner limits the outer limits of the territorial sea and as their outer limits

a line drawn 200 nautical miles seaward from the outer limits of the inland waters of

Kiribati.

(2) The Minister may, in accordance with the rules of international law declare,

by reference to physical features marked on official charts or to lists of geographical

co-ordinates specifying the geodetic datums, points between which straight baselines

are to be drawn for determining the outer limits of the exclusive economic zone. _

(3) Where baselines are drawn in accordance with subsection (2) the breadth of

the exclusive economic zone shall be measured from those baselines.

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KIR 4

Marine Zones (Declaration) Act

(4) The Minister may, by order, for the purpose of implementing any international

agreement or the award of any international body, or otherwise declare that the outer

limits of the exclusive economic zone of Kiribati extend to such line, being a line to

the landward of the outer limits of the exclusive economic zone as defined in

accordance with subsection (1) or subsection (3), as the case requires as is specified in

the order.

(5) Where the median line is less than 200 nautical miles from the line from

which the breadth of the territorial sea is to be measured, the outer limits of the

exclusive economic zone extend to the median line.

(6) All areas of seabed, and the subsoil under the seabed, of the exclusive

economic zone shall be treated, for the purposes of any law of Kiribati, as part of the

continental shelf of Kiribati.

Legal character 8. (1) The sovereignty of the Republic of Kiribati extends beyond its land territory

of marine zones and internal waters over the territorial sea, and to the airspace over them and the

etc.

seabed and subsoil under them

(2) Within the exclusive economic zone the Republic of Kiribati has sovereign

rights for the purpose of exploring and exploiting, conserving and managing the

natural resources, whether living or non-living, of the seabed and the subsoil under the

seabed, and the waters over the seabed.

(3) The sovereignty and sovereign rights of the Republic of Kiribati under this

section shall be exercised in accordance with the rules of international law.

Rights of other 9. (1) Subject to the succeeding provisions of this section, ships and aircraft of all

States in marine States have, in accordance with the rules of international law, the right of free passage

zones

through and over the territorial seas and archipelagic waters of Kiribati.

(2) The Minister may, in accordance with the rules of international law, by order

designate sealanes and air routes suitable for the continuous and expeditious passage

of foreign ships and aircraft, through and over the archipelagic waters and the adjacent

territorial seas, and may also prescribe traffic separation schemes for the purpose of

ensuring the safe passage of ships through narrow channels in such sealanes.

(3) In sealanes and air routes designated under subsection (2) all ships and aircraft

may, in accordance with the rules of international law, enjoy the right of navigation

and overflight, in their normal modes, for the purpose of continuous, expeditious and

unobstructed transit through and over the archipelagic waters and the adjacent

territorial seas, from one part of the exclusive economic zone to another part of it.

(4) Until sealanes and air routes are prescribed under section (2) the rights of

navigation and overflight referred to in subsection (3) may be exercised through and

over all routes normally used for international navigation and overflight.

(5) The rights of navigation and overflight referred to in subsections (3) and (4)

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KIR 5

Marine Zones (Declaration) Act

are subject to all laws of Kiribati made in accordance with the rules of international

law.

(6) Subject to this and any other Act and to the rules of international law, all

States and their nationals shall enjoy in the exclusive economic zone the high seas

freedoms of navigation and overflight and of the laying of submarine cables and

pipelines, and all other internationally lawful uses of the sea related to those freedoms,

compatible with the rules of international law.

General

regulations as

to the exclusive

economic zone

10. Where no other provision is made in or under any other Act for the purpose,

the Minister may make regulations, in accordance with the rules of international law,

for all or any of the following purposes:-

(a) regulating the conduct of scientific research within the exclusive

economic zone; and

(b) regulating the exploration and exploitation of the exclusive economic

zone for the production of energy from waters, currents and winds, and

for other economic purposes; and

installations and structures within the exclusive economic zone,

including requirements of the establishment of safety zones around

islands, installations and structures; and

(d prescribing measures for the protection and preservation of the marine

environment of the exclusive economic zone; and

(e) providing for such other matters as are necessary or expedient to give

effect to the rights and obligations of the Republic of Kiribati in relation

to the exclusive economic zone, or are necessary to give full effect to

the provisions of this Act.

Charts publicity,

etc.

11. (1) The Minister shall cause all closing lines, baselines and other lines drawn for

the purposes of this Act for determining the limits of the internal waters, the

archipelagic waters, the territorial seas and the exclusive economic zone of Kiribati to

be clearly indicated on charts of a scale or scales adequate for them to be readily

determined, and shall give adequate publicity by notice in the Gazette and otherwise.

(2) A question, whether publicity given to any matter under subsection (2) is

adequate, is non-justiciable.

(3) A copy of each chart referred to in subsection (1) shall be deposited with the

Secretary-General of the United Nations and the Secretary-General of the South

Pacific Commission.

Evidentiary

provision

12. In any proceedings before a court or a person acting judicially, a certificate

purporting to be signed by the Marine Superintendent stating that any specific nautical

chart of any area is a chart to which Section 11 applies that is held by the Minister is

evidence of the matters stated in the certificate, and the chart is evidence of the

matters set out in it.

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1992 Ed.

KIR 6

Fisheries

CHAPTER 33

FISHERIES

CAP. 33

ARRANGEMENT OF SECTIONS

PART I

GENERAL

1. Short title

2. Interpretation

3. Promotion of fisheries

PART II

LICENSING

4. Licensing of local fishing vessels

5. Entry and fishing by foreign fishing vessels within the fishery limits

6. Fish processing establishment

7. Cancellation and suspension of licences and permits

PART III

POWERS OF AUTHORISED OFFICERS

8. Power to stop, board, search vessels, etc.

9. Powers of an authorised officer where he reasonably believes an offence committed

10. Obstruction etc. of authorised officers

11. Authorised officers to declare office etc.

12. Non-liability of authorised officers

PART IV

ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

13. Throwing overboard or destroying incriminating evidence

14. Fishing with explosives, poison and other noxious substances

15. Forfeiture of gear, fish and vessels

16. Presumption

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KIR 7

CAP. 33

Fisheries

1992 Ed.

17. Jurisdiction of the courts

18. Disposal seized goods

PART V

MISCELLANEOUS

19. Fishing for scientific purposes

20. Power of the Minister to enter into agreements

21. Protection of native customary rights

22. Regulations

______________________

22 of 1977

9 of 1978

8 of 1983

9 of 1984

L.N. 27/78

An Act to make provision for the promotion and regulation of fishing and fishing

industries in Kiribati and its fishery limits

Commencement: 3rd March 1978

PART 1

Short Title

GENERAL

This Act may be cited as the Fisheries Act.

Interpretation

Am. 9 of 1984

In this Act, unless the context otherwise requires -

"authorised officer" means any fisheries officer, licensing officer, police officer or

officer as defined in the Customs Act, the master of any Government vessel or vessel

owned by the Kiribati Shipping Corporation and any other person appointed by the

Minister to be an authorised officer for the purposes of this Act;

"explosive" means any powder, gelignite, plastic or other substance used or

manufactured with a view to producing a practical effect by explosion;

"fish" means any aquatic animal, whether piscine or not, and includes any mollusc,

crustacean, coral, sponge, seaweed, holothurian (beche de mer), sea urchins, and

turtles and their young and eggs;

"fishing" means the actual or attempted fishing, catching, taking, killing, or harvesting

of fish and includes any activity which may reasonably be expected to result in the

fishing or attempted fishing or catching, taking, killing or harvesting of fish, or any

operations in support of or in preparation for any of the foregoing activity;

"fish processing establishment" means any land, vessel, or other place on or in which

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1992 Ed.

Am. 8 of 1983

Am. 9 of 1984

KIR 8

Fisheries

CAP. 33

fish are processed for sale within or outside Kiribati;

"fish product" means any product of fish processing;

"fishery limits" means the exclusive economic zone of Kiribati or such part of that

zone as is defined by the Minister for the purpose by Notice published in the Gazette;

"fishing vessel" means any vessel used or adapted for use for fishing commercially,

and includes support vessels and craft, and helicopters and light aircraft used in fishing

operations, but does not include a sailing boat or paddling canoe of native design or a

boat, punt or barge having an overall length of less than 7 metres, whether powered by

an engine or not;

"foreign fishing vessel" means any fishing vessel that is not a local fishing vessel;

"licensing officer" means a licensing officer appointed under section 3(2) and includes

the Chief Fisheries Officer;

"local fishing vessel" means any fishing vessel -

(a) owned by one or more persons resident and domiciled in Kiribati; or

(b) owned by any company or fisheries cooperative society registered or

incorporated under the laws of Kiribati, and having its principal place of

business in Kiribati;

"low-tide" elevation" means a naturally formed area of land that is surrounded by and

above water at mean low-water spring tides but is submerged at mean high-water

spring tides;

"nautical mile" means the international nautical mile of 1,852 metres;

"operate" in relation to a vessel means to be the master or the owner or charterer of the

vessel and in relation to a fish processing establishment means to own or be in charge

of the fish processing establishment and, where the fish processing establishment is a

vessel, means to be the master or owner or charterer thereof;

"processing" in relation to fish, includes preserving or preparing fish or producing any

substance or article from fish by any method;

"territorial sea" means that part of the sea adjacent to the coast of any island of Kiribati

which is within 12 nautical miles measured from the low water mark of the seaward

side of the reef fronting such coast, or, when a reef is not present, from the low water

mark of the coast itself:

Provided that a low-tide elevation that lies wholly or partly within that part of the sea

that would be territorial sea if all low-tide elevations were disregarded for the purpose

of the measurement of the breadth of the territorial sea shall be treated as an island.

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KIR 9

CAP. 33

Fisheries

1992 Ed.

Promotion of 3. (1) The Minister may take such measures as he shall see fit to promote the

fisheries

development of fishing and fisheries in Kiribati to ensure that the fisheries resources of

Kiribati are exploited to the full for the benefit of Kiribati.

(2) The Minister may appoint a Chief Fisheries Officer and such other fisheries

officers and licensing officers as he may consider necessary for carrying out the

purposes and provision of this Act.

PART II

LICENSING

Licensing of 4. (1) Subject to any discretion given by the Minister a licensing officer may, upon

local fishing written application in the prescribed form and upon payment of the prescribed fee grant

vessels

a licence in the prescribed form in respect of any local fishing vessel;

Provided that no licence shall be granted to any local fishing vessel which is a vessel

to which section 15(l) of the Shipping Act applies unless there is subsisting a valid

unexpired certificate of seaworthiness issued in respect of the fishing vessel under

section 13 of that Act.

(2) Every licence granted under subsection (1) -

(a) shall not, except with the prior written approval of the Minister endorsed on

the licence, extend beyond 1 year from the date of issue thereof;

(b) shall be personal to the holder;

(d) shall be subject to such conditions as may be prescribed and to such further

conditions as the licensing officer shall think fit to endorse thereon; and

(e) shall not, without the prior written approval of the Minister endorsed on the

licence, confer on the licensee any exclusive right to fish.

(3) It shall be a condition .of every licence panted under subsection (1) that there

shall be marked and kept marked on the vessel in respect of which the licence is

granted such letters and numbers of identification as may be assigned to that vessel by

the licensing officer, in such manner as he may specify or as may be prescribed.

Am. 9 of 1978

(4) Any person who operates or causes or allows to be operated any local fishing

vessel within the fishery limits or in the lagoon or inland waters of Kiribati except

under a valid licence granted under this section in respect of that vessel and in

accordance with the conditions of such licence shall be liable on conviction to a fine of

$1,000 and to imprisonment for 3 years.

Entry and fishing

by foreign vessels

within the fishery

limits

5. (1) No foreign fishing vessel shall –

(a) enter within the fishery limits except for a purpose recognised

law;

(b) fish or attempt to fish within the fishery limits;

by international

(d) load or unload any fuel or supplies within the fishery limits; unless authorised to

do so under a permit granted under this Act.

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KIR 10

1992 Ed.

Fisheries

CAP. 33

(2) A foreign fishing vessel entering the fishery limits for a purpose recognised

by international law without a permit granted under this Act shall return outside those

limits as soon as that purpose for which it entered them has been fulfilled.

(3) The Chief Fisheries Officer may, with the approval of the Minister, grant a

permit in the prescribed form in respect of any foreign fishing vessel, authorising such

vessel to do such of the things described in subsection (1) as may be provided for in

the permit.

ss. 3A - 3D inserted Am. 9 of 1978. Deleted Am. 9 of 1984

(4) A permit granted by the Chief Fisheries Officer under this section shall be

subject to -

(a) such conditions as may be prescribed, and to such further conditions as may

be endorsed upon the permit by -the Chief Fisheries Officer, and

(b) to the payment of such fees and royalties as may be determined by the Chief

Fisheries Officer with the approval of the Minister.

(5) A permit granted by the Chief Fisheries Officer under this section shall not

confer any exclusive right to fish unless the permit expressly so provides.

Am 9 of 1984

(6) The fishing gear of any foreign fishing vessel which is prohibited by this

section from fishing within the fishery limits shall, while the vessel is within those

limits, be stowed in such a manner as not to be readily accessible for fishing.

Am. 9 of 1984

(7) Where any foreign fishing vessel is used in contravention of any of the

provisions of this section, the master, owner and charterer, if any, of such vessel shall

each be liable on conviction -

(a) in the case of a contravention of subsection (l), to a fine of $250,000; and

(b) in the case of a contravention of subsection (2) or subsection (6), to a fine of

$50,000.

Am. 9 of 1984

(8) Where any foreign fishing vessel is used in contravention of any of the

conditions of a permit granted under this section, the master, owner and charterer, if

any, of such’ vessel shall each be liable on conviction to a fine of $50,000.

Fish processing

establishment

6. (1) The Chief Fisheries Officer may with the approval of the Minister and on

payment of the prescribed fee grant to any person a licence in the prescribed

form to operate a fish processing establishment subject to such conditions as

may from time to time be prescribed and to such further conditions as may be

endorsed upon the licence by the Chief Fisheries Officer.

(2) Any person who operates or causes or allows to be operated any fish

processing establishment except under a valid licence granted under this

section in respect of that fish processing establishment and in accordance with

the conditions of such licence shall be liable on conviction to a fine of $200

and to imprisonment for 6 months.

Cancellation and 7. (1) Where any of the conditions of any licence or permit is contravened the Chief

suspension of Fisheries Officer may cancel or permit, or suspend licence or permit for such period

2.5 Page 15

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KIR 11

CAP. 33

Fisheries

1992 Ed.

licences and

permits

as he may think fit.

(2) Any person aggrieved by the refusal of any licensing officer to issue any

license grand under this Act, or by the cancellation or suspension of any licence or

permit granted under this Act may appeal against such refusal, cancellation or

suspension to the Minister, whose decision shall be final.

PART III

POWERS OF AUTHORISED OFFICERS

Power to stop

board search

vessels, etc

8. For purposes of ascertaining whether there is, or has been, any contravention of the

provisions of this Act any authorised officer may-

(a) at all reasonable hours enter any fish processing establishment and any premises

other than premises used exclusively as a dwelling house;

(b stop, board search -

(i) any foreign or local fishing vessel within the fishery limits; or

(ii) any local fishing vessel, outside the fishery limits

fish or fish products;

(d) make such examination and inquiry as may appear necessary to him concerning

any premises, fish processing establishment, vessel or vehicle in relation to

which any of the powers conferred by this section have been, or may be,

exercised and take samples of any fish, or fish products, found therein;

(e) require any person to produce his licence or his authority if it appears to the

authorised officer that such person is doing any act for which a licence or

authority is required under this Act.

Powers of an

authorised officer

where he reason-

ably believes an

offence

committed

Am. 9 of 19

9. (1) Where he has reasonable grounds for believing that an offence against the

provisions of this Act has been committed, any authorised officer, without a warrant,

may-

(a) following hot pursuit as recognised by international law and commenced

within they fishery limits, stop, board and search outside the fishery limits any

foreign fishing vessel which he believes has been used in the commission of an

offence within the fishery limits, or in relation to which he believes such

offence has been committed, and bring such vessel and all persons and things

on board it within the fishery limits;

(b) within the fishery limits -

(i) arrest any person whom he believes has committed such offence and, if

the authorised officer making such arrest is not a police officer, he

shall without necessary delay make over such person to a police

officer, or in the absence of a police officer, shall take such person to

the nearest police station;

(ii) in the case of an offence against sections 5(1), 13 or 14(1), size any

vessel (together its equipment, stores and cargo bunker) which he

believes has been used in the commission of such offence or in respect

of which he believes such offence has been committed;

(iii) seize any fishing gear, instruments or appliances which he believes have

2.6 Page 16

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KIR 12

1992 Ed.

Fisheries

CAP. 33

been used in the commission of such offence;

(iv) seize any fish which he believes have been taken or fish products

produced in the commission of such offence; or

(v) seize any explosive, poison or other noxious substance which he

believes has been used, carried, possessed or controlled in contravention

of section 14.

(2) After any vessel has been stopped under the provision of this section any

authorised officer may exercise concerning it, or in relation to any fish or fish products

therein, any of the powers conferred by paragraph (d) or section 8.

(3) A written receipt shall be given for any thing seized under subsection (1) by

the authorised officer concerned to the person from whom he seizure is made.

Obstruction etc.

of authorised

officers

10. Any person who -

(a) willfully obstructs any authorised officer in the exercise of any of his powers

under this Act; or

(b) fails to comply with any lawful requirements imposed or to answer any lawful

enquiry made by any authorised officer under this Act, including enquiries as

to the source of supply of fish;

shall be liable on conviction to a fine of $200 and to imprisonment for 6 months, and

is the obstruction or non-compliance takes place on board or alongside a vessel, the

master of the vessel shall be liable on conviction to a like penalty.

Authorised

officers to

declare office

11. Any authorised officer acting in the exercise of his powers under this Act shall, on

demand, produce such documents of identification or other evidence as may be

reasonably sufficient to show that is an authorised officer for the purpose of this Act.

Non-liability of 1 2 . No authorised officer shall be personally liable in respect of any act done or

authorised

officers

omitted to be done by him in good faith in the execution or purported execution of his

powers and duties under this Act.

PART IV

ADDITIONAL OFFENCES AND LEGAL PROCEEDINGS

Throwing over-

board or destro-

ying incrimin-

ating evidence

Am. 9 of 1984

13. Any person who, being on board any vessel being pursued or about to be boarded

by any authorised officer, throws overboard or destroys any fish, fishing gear,

explosive, poison, noxious substance or any other thing whatsoever, with intent to

avoid the seizure of such fish, fishing gear, explosive, poison, noxious substance or

thing, or the detection of any offence against this Act, shall be liable on conviction

to a fine of $1,000 and to imprisonment for 5 years

Fishing with

explosives,

poison and

other noxious

substances

14. (l) Any person who -

(a) permits to be used, uses or attempts to use any explosive, or any poison or other

noxious substance, for the purpose of killing, stunning, disabling or catching fish,

or in any way rendering fish more easily caught; or

(b) carries or has in his possession or control any explosive, poison or other noxious

such an explosive, poison or other noxious substance is intended to be used for

any of the aforesaid purposes shall be liable on conviction to a fine of $200 and

to imprisonment for 6 months.

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CAP. 33

KIR 13

Fisheries

1992 Ed.

(2) Any person who, knowing or having reasonable cause to believe that any fish

has been taken in contravention of the provisions of this section, without lawful

excuse, receives or is found in possession of such fish shall be liable on conviction

(a) where the circumstances of such receipt or possession raise a reasonable

presumption that the fish is intended to be sold in the course of business to a

fine of $200 and to imprisonment for 6 months; or

(b) where no such presumption arises, to a fine of $50 and to imprisonment for 2

months.

Forfeiture of

gear, fish

and vessel

15. Where any person is convicted of an offence against this Act, the court, may in

addition to any other penalty it may impose, order that any fish caught or fish product

produced in the commission of such offence or the proceeds of sale of such fish product,

and any fishing gear, instruments or appliances and, in the case of an offence under

section 5(l); section 13 or section 14(l) any vessel (together with its equipment, stores

and cargo) used in the commission of such offence or in respect of which such offence

has been committed, shall be forfeited to the Government, and if so forfeited such

property shall be disposed of in such manner as the Minister of Finance may direct.

Presumption

16. All fish found on board any vessel used in the commission of an offence against the

provisions of this Act or in respect of which any such offence has been committed, shall,

unless the contrary is proved, be presumed to have been caught in the commission of

such offence.

Jurisdiction 17. Any offence against any of the provisions of this Act committed within the fishery

of the courts limits may be dealt with, and judicial proceedings taken, as if the offence had been

committed in any place in Kiribati.

Disposal of

seized goods

18. (l) Any fish, fish product or other article of a perishable nature seized or taken under

the provisions of this Act may on the direction of the Chief Fisheries Officer be sold and

the net proceeds of sale held pending the outcome of any prosecution brought under this

Act, and if no such prosecution is brought such proceeds shall be paid to the owner of the

fish, fish product or other article sold.

(2) Any vessel, fishing gear, instrument or appliance seized under section 9 which

is not ordered to be forfeited under section 15 shall be returned to its owner.

(3) Where any vessel, fishing gear, instrument or appliance, fish or fish product

has been seized under section 9 the court may order its release, on receipt of a

satisfactory bond or other security from any person claiming such property,

conditioned on such person -

(a) delivering such property to the court upon tie order of the court, without any

impairment of its value, and paying in full any fine imposed by the court in

pursuance of this Act; or

(b) paying the monetary value of such property in accordance with an order or

judgment of the court together with any fine imposed

2.8 Page 18

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1992 Ed.

KIR 14

Fisheries

PART V

CAP. 33

MISCELLANEOUS

Fishing for

scientific

purposes

19. The Minister may, in writing, authorise any fishing vessel to fish within the

fishery limits for the purpose of scientific investigations, and may for this purpose

exempt such fishing vessel from all or any of the provisions of this Act and, in making

such exemption, may impose such conditions as he may think fit.

Power of the

Minister to

enter into

agreements

Am 9 of 1984

Am. 9 of 1978

20. (l) The Minister may enter into an agreement with any person or any

government or international agency for the purpose of enabling the Minister to perform

any of the functions conferred by or under this Act, or for the purpose of facilitating the

performance of those functions, or generally to advance the purposes for which this Act

was enacted.

(1A) For the purposes of giving effect to any agreement or arrangement under

subsection.(l) the Minister may by order authorise:

(a) any

(i) person; or

(ii) government; or

(iii) agency of government; or

(iv) international agency,

to issue fishing permits under section 5 subject to such conditions as he may

specify in the order;

(b) the doing of any other matter which may be required to be done under such

agreement or arrangement.

(2) The Minister may from time to time by order limit any provision of this Act

relating to the fishery limits so far as is necessary to do so to give full effect to any

convention including any convention that is adopted by the Third United Nations

Convention on the Law of the Sea and to any international agreement or arrangement

by which the Government may become bound concerning fishing off the coast of

Kiribati.

Protection of

native

customary

rights

21.(l) No person shall take fish in any sea or lagoon area or on any reef forming part

of the ancient customary fishing ground of any kainga, utu or other division or

subdivision of the people unless he shall be a member thereof or shall first have

obtained a licence to do so at the hand of the Minister who may grant or refuse any such

licence at his discretion.

(2) A person who contravenes subsection (1) shall be liable on conviction to a

fine of $200 and to imprisonment for 6 months.

Regulations

22. The Beretitenti may make such regulations as may seem to him expedient for

the carrying into effect of any of the purposes or provisions of this Act, and, without

prejudice to the generality of the foregoing, such regulations may prescribe or provide

for all or any of the following purposes -

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CAP. 33

Am. 9 of 1978

20;

KIR 15

Fisheries

1992 Ed.

(a) the training of fishermen;

(b) regulating the procedure relating to the issue of licences and permits and

prescribing the forms thereof and forms of application therefor;

the fishery limits;

(d) conservation and protection of all species of fish;

(e) the establishment of closed seasons for any area of Kiribati or any species of fish

therein specified;

(f) the placing of a limit on the amount, size or weight of fish or any species of fish,

which may be caught or traded;

(g) the designation of prohibited fishing areas for all fish or certain species of fish or

certain methods of fishing;

(h) the prohibition of certain types of fishing gear or methods of fishing;

(i) in relation to fish nets, minimum mesh sizes;

(j) the organisation of sport fishing;

(k) the licensing of fish farms and the regulation or importation of live fish;

(ka) regulating the importation of fish or fish products;

(l) the organisation and regulation of marketing, distribution and export from Kiribati

of fish or fish products;

(m) controlling the handling, landing and transportation of fish or fish products;

(n) methods of procedures to be adopted in relation to fish storage and processing;

(o) substances and materials to be used in fish processing;

(p) the inspection of fish processing establishments and fish products;

(q) minimum standards in relation to the quality of fish or fish products;

(r) methods of analysis of fish or fish products;

(s) the grant of exemption to any vessel or class of vessel or fish processing

establishment from all or any of the provisions of this Act;

(t) the prohibition of any practices or methods, or employment of equipment or

apparatus or materials, which are likely to be injurious to the maintenance the

development of a stock of fish;

(ta) the implementation of any agreement or arrangement entered into under section

(tb) regulating the taking of coral and seaweed;

(u) anything required to be prescribed by this Act;

(v) the provision of penalties for contraventions thereof of terms of imprisonment for

6 months and fines of $1,000.

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KIR 16

1992 Ed.

Subsidiary Legislation

Fisheries

CAP. 33

SUBSIDIARY LEGISLATION

Proclamation of fishery limits under section 2

L.N. 31/79

The following limits have been defined and declared by a proclamation dated 18 April

1979.

As from the 19th April Lg.979 the fishery limits of Kiribati shall

extend 200 nautical miles from the baseline of Kiribati.

2. Notwithstanding paragraph 1, where any part of the median line is

less than 200miles from the nearest part of the baseline referred to in paragraph 1, that

part of the median line shall be the fisheries limit Kiribati.

3. The Republic will exercise the same exclusive rights in respect of

fishery within the said fishery limits outside the territorial waters of Kiribati as it has

in respect of fishery in the territorial waters of Kiribati subject to such provisions as

may be made by law for the control and regulation of fishing within the said limits.

4. In this Proclamation -

“baseline of Kiribati” means the low water mark of the seaward side of the reef

fronting the coast of any part of Kiribati or bounding any lagoon waters

adjacent to such coasts or, where a reef is not present the law water mark of

the coast itself of any part of Kiribati;

“median line” means a line every point of which is equidistant from the nearest points

of, on the one hand, the baseline of Kiribati and, on the other hand, the

corresponding baseline of any other country;

“mile” means the international nautical mile.

L.N. 61/78

L.N. 77/78

Regulations under section 22

PROHIBITED FISHING AREAS (DESIGNATION) REGULATIONS

Commencement: 31st July 1978

Citation

Prohibition of

fishing

Penalty

1. These regulations may be cited as the Prohibited Fishing Areas (Designation)

Regulations.

2. Fishing is prohibited in the areas specified in the Schedule to these

Regulations (referred to as “prohibited fishing areas”).

3. Any person who fishes in a prohibited fishing area commits an offence and

shall be liable to imprisonment for 6 months and to a fine of $1,000.

__________________

SCHEDULE

Azur Lagoon

Pelican Lagoon

Isles Lagoon

The Tongan Channel and the adjoining Artemia Ponds.

3 Pages 21-30

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3.1 Page 21

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CAP. 33

KIR 17

Fisheries

1993 Ed.

Subsidiary Legislation

L.N. 3/79

FISHERIES CONSERVATION AND PROTECTION

(ROCK LOBSTERS - PANULIRUS SPECIES) REGULATIONS

Commencement: 11th June 1979

Citation

These Regulations may be cited as the Fisheries Conservation and Protection

(Rock Lobsters - Panulirus Species) Regulations.

Interpretation

2. In these Regulations -

(a) “rock lobster” (sometimes known as crayfish) means the species of crustacean

known by the scientific name of Panulirus; and

(b) a rock lobster shall be deemed to be immature if the length of its carapace is

less than 85 millimetres measured from its eyes; and

Protection of

certain rock

lobsters

3. Any person who catches, takes, kills, has in his possession, sells, exposes for

sale, buys for sale or consigns to any person for the purpose of sale -

(a) any immature rock lobster;

(b) any female rock lobster bearing its eggs,

shall be guilty of an offence and liable to a fine of $100 or imprisonment for 3 months.

L.N. 41/81

FISHERIES (PROCESSING AND EXPORT) REGULATIONS

In exercise of the powers conferred by section 22 of the Fisheries Ordinance, the

Beretitenti acting in accordance with the advice of the Cabinet hereby makes the

following Regulations:-

PART I

PRELIMINARY

Short title

1. These Regulations may be cited as the Fisheries (Processing and Export)

Regulations, 1981.

Interpretation 2. In these Regulations -

“the Act” means the Fisheries Act;

“class” means any one of the classes of fish-processing establishment set out in Schedule 2

to these Regulations.

PART II

FORMS AND FEES

Forms and fees 3.

The licence set out in Schedule 1 to these Regulations shall be the licence

prescribed for the purposes of section 6 of the Act and the fees set out in Schedule 2 to

these Regulations shall be the fees prescribed for the purposes of section 6 of the Act.

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KIR 18

1992 Ed.

Subsidiary Legislation

Fisheries

CAP. 33

PART III

FISH-PROCESSING ESTABLISHMENTS

Application

for licence

4. An application for a licence under section 6(1) of the Act shall be in writing and

shall specify the class and the premises in respect of which a licence is required and

shall contain such further particulars as the Chief Fisheries Officer may require.

Condition of

licence

5. Every licence granted under section 6(1) of the Ordinance:-

(1) shall not extend beyond 1 year from the date of issue thereof; and

(2) shall be personal to the holder; and

(3) shall not be transferable; and

(4) shall be subject to such conditions as may be prescribed and to such other

conditions as the Chief fisheries Officer may in his absolute discretion

endorse thereon; and

(5) shall be conspicuously displayed on the premises in respect of which it was

granted; and

(6) shall extend only to those operations or activities set out in Schedule 2 to

these Regulations in relation to the class in respect of which the licence was

granted; and

(7) shall be conditional upon compliance with the Pure Foods Act, the Public

Health Act and any other applicable statutory provision.

Cancellation

6. In the event of cancellation or suspension of a licence under section 7 of the Act

or suspension a licensing officer may seize any such licence or endorse any such licence to that effect.

Endorsements

7. A licensing officer who has entered a fish processing establishment in

pursuance of section 8 of the Act or of any condition endorsed upon a licence granted

under section 6(1) of the Act may if he is satisfied that there has been no contravention

of any provision of the Act or of any such condition endorse such licence to that effect

Water source

8. All water used in a fish processing establishment whether used for ice-making,

fish-cleaning or otherwise shall be a potable quality and shall contain no more than 3000

coliforms in each 100 millilitres and shall be treated in such manner as a licensing

officer may from time to time direct.

Operating

9. (1) Fish processing establishments shall conform to the requirements set

requirements out in Schedule 4 of these Regulations.

(2) Sub-paragraph (1) shall not apply to a fish processing establishment in respect

of which the Chief Fisheries Officer has granted an exemption in writing.

PART IV

EXPORT

Certificates

of quality

Prohibited

fish

Samples

10. No fish or fish product processed at a fish-processing establishment may be

exported for sale outside Kiribati unless it is accompanied by a duly completed certificate

of quality in the appropriate form set out in Schedule 3 to these Regulations.

11. No fish or fish product in respect of which a licensing officer has issued a notice

of prohibition in the form set in Schedule 3 to these Regulations may be processed in a

fish-processing establishment for sale in or outside Kiribati as the notice may specify.

12. On payment or tender to any person operating a fish processing establishment or

3.3 Page 23

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KIR 19

CAP. 33

Fisheries

1992 Ed.

Subsidiary Legislation

Destruction of

unfit fish

his servant or agent of the current market price or at a rate of payment which may be

prescribed a licensing officer may select and take or obtain samples of a fish or fish

product for the purposes of the Act or these Regulations.

13. A licensing officer may seize and destroy any fish or fish product intended for

sale for human or other consumption if he is satisfied on reasonable grounds that such

fish or fish product is unfit for its intended purpose and an owner of such seized and

destroyed fish or fish product shall be entitled to compensation at the current market

price of such fish or fish product (only if he can show that there were no such

reasonable grounds).

PART V

Offences

SAMPLES AND OFFENCES

14. Any person who contravenes or operates or causes or allows to be operated a

fish-processing establishment in contravention of Regulation 8 or Regulation 9 or who

contravenes Regulation 10 or Regulation 11 shall be liable on conviction to a fine of

$200 and to imprisonment for 6 months.

SCHEDULE 1

Fish Processing Establishment Licence

(Omitted)

SCHEDULE 2

Class

Operation or Activities which may be carried

on by the establishment

Fee payable

for licence

A Processing by canning, pickling, marinating, fermenting,

$50

cooking, or smoking if it is intended that the smoked fish

product should be eaten uncooked.

Chilling, freezing or other storage of raw fish which is

$40

intended for human consumption

Salting, drying, smoking if it is intended that the smoked

$25

fish product should be cooked before human consumption.

Processing if the resulting fish products are not intended

$10

for human consumption.

Processing for the manufacture of animal foodstuffs

$10

The operations and activities listed in relation to Class C if

$10

all the resulting fish products intended for sale outside Kiribati

are delivered to a fish processing establishment in respect of

which a Class C licence has been granted.

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KIR 20

1992 Ed.

Subsidiary Legislation

Fisheries

Cap. 33

In the event that the operations and activities carried on by a fish processing establishment are

listed is more than one class the Chief Fisheries Officer shall decide which class shall apply to

the licence granted and the conditions attached to the licence shall apply to the whole of the

premises of the fish processing establishment

SCHEDULE 3

Forms

SCHEDULE 4

Regulation 9

Requirements for Fish Processing Establishment

In all Class A and Class B Fish Processing Establishments

1. In any part of the premises where fish is gutted, filleted or otherwise handled all surfaces

and walls shall be constructed of materials which may be cleaned easily and effectively.

2. Adequate fly-screening and/or closing doors shall he provided in any processing area.

3. All internal walls and floors and any surface which fish is processed shall be kept clean with

a disinfectant of not less than 50 ppm chlorine or with or by any other material or method

which may be approved by a licensing officer.

4. Cold stores in which fish are kept shall be maintained at temperatures approved by a

licensing officer and -

(a) chill rooms shall be at an operating temperature of not more than 3° centigrade;

and

(b) freezer stores shall be at an operating temperature of not more than minus 18"

centigrade.

5. All fish products shall satisfy a licensing officer on visual bacteriologic or chemical

examination of their fitness for human.

6. Any person handling fish or fish product shall wear protective clothing of a type approved

by a licensing officer.

7. Wash basins and any other sanitary equipment which a licensing officer may consider

necessary shall be provided.

In all Class C fish processing establishments.

Fish and fish products shall be protected from attack by flies, rats and other vermin and shall

be stored in such manner as a licensing officer may from time to time prescribe.

_____________________

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CAP. 33

L.N. 40/81

KIR 21

Fisheries

1992 Ed.

Subsidiary Legislation

FISHERIES (VESSEL LICENCES) REGULATIONS 1981

Commencement: 11th December 1981

PART

PRELIMINARY

Short Title

1. These Regulations may be cited as the Fisheries (Vessel Licences) Regulations

1981.

2. In these Regulations “the Act” means the Fisheries Act.

PART II

FORMS AND FEES

Prescribed

forms and fees

The form and licence set out in schedule 1 to these Regulations shall be the form and

licence for the purposes of section 4 of the Act and the fees set in Schedule 2 to these

Regulations shall be the fees prescribed for the purposes of section 4 of the Act,

provided that the Chief Fisheries Office may exempt any class of local fishing vessel

from the payment of all or any part of such fees in accordance with any directions which

may be given by the Minister under section 4(1) of the Act.

Am. L.N. 13/82

____________________

SCHEDULE 1

Application for a local Fishing Vessel licence [omitted]

Local Fishing Vessel Licence [omitted]

SCHEDULE 2

Vessels of 40 metres and over L.O.A. at the rate of

Vessels of 20 metres and over and under 40 metres L.O.A.

Vessel of under 20 metres L.O.A.

$1 per ton of displacement weight

to the nearest ton per annum

$100 per annum

$ 50 per annum

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KIR 22

Fisheries (Pacific Island State’s Treaty

With the United States) Act 1988

REPUBLIC OF KIRIBATI

FISHERIES (PACIFIC ISLAND STATES’ TREATY WITH THE

UNITED STATES OF AMERICA) ACT 1988

ARRANGEMENT OF SECTIONS

1. Short title

2. Interpretation

3. Treaty to have the force of law

4. Savings

5. Power of Minister to make orders

6. Offences and penalties, etc.

_______________

An Act to give effect to the Treaty on Fisheries Between the Governments of Certain

Pacific Island States and the Government of the United States of America and for

connected purposes

Commencement:

MADE by the Maneaba ni Maungatabu and assented to by the Beretitenti

Short title

Interpretation

This Act may be cited as the Fisheries (Pacific Island States’ Treaty with the United

States of America) Act 1988 and shall come into force on such date as the Minister may

appoint by notice.

2. (1) In this Act, unless the context otherwise requires -

"applicable national law" has the meaning assigned to it in the Treaty;

"Pacific Island State" has the meaning assigned to it in the Treaty;

"Treaty" means the treaty between the Governments of Certain Pacific Island States and

the Government of the United States of America, to which Kiribati is a party, a copy

of which is set out in the Schedule to this Act.

3.7 Page 27

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KIR 23

Fisheries (Pacific Island State’s Treaty

with the United State’) Act 1988

Treaty to have

force

the force of law

3. (1) Subject to the Constitution and the provisions of this Act the Treaty shall have the

of law in Kiribati.

(2) If there is any inconsistency between the provisions of any applicable national law in

force in Kiribati and the provisions of the Treaty, the provisions of the Treaty shall, to the

extent of such inconsistency, prevail.

Savings

accruing

4. This Act shall not affect any legal proceedings begun or any rights or liabilities

or arising out of an occurrence before the date of commencement of this Act.

Power of Minister 5. Without prejudice to the powers of the Minister under any other law the Minister

may,

by order, make such provisions not inconsistent with the Constitution or this Act or the

to make orders as be may consider necessary or expedient for giving full effect to the provisions of the Treaty.

Offences and

penalties

vessel

6. (1) Where a fishing vessel to which the Treaty applies is used in contravention of the

Treaty or any applicable national law the master, owner and charterer, if any, of such

shall (without prejudice to any other penalty prescribed by or contained in such

applicable national law) each be guilty of an offence and be liable on conviction to a fine

not exceeding $250,000.

(2) The master, owner, charterer or any member of the crew of a fishing vessel to

which the Treaty applies shall not be liable to imprisonment or corporal punishment on

conviction for an offence under the Treaty or any applicable national law.

(3) Where the master, owner, charterer or any member of the crew of a fishing vessel to

which the Treaty applies is in pre-trial custody in respect of an offence which amounts to

a breach of the Treaty or any applicable national law, he shall be promptly released if he

enters into a bond for a reasonable amount or furnishes a reasonable security to appear

before the appropriate court for trial.

SCHEDULE

[omitted]