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Name: Fisheries (Amendment) Act 2009 (No. 6 of 2009).
Country: Kiribati
Subject(s): Fishers
Type of legislation: Law, Act
Adopted on: 2009-12-07
Entry into force:
ISN: KIR-2009-L-89299
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=89299&p_lang=en
Bibliography: Legislation on-line Legislation on-line Pacific Islands Legal Information Institute (PacLII) PDF PDF (consulted on 2012-02-10)
Abstract/Citation: The object of this Act is to take away the discretionary power of the Court to forfeit a vessel or its catch, gear, instruments or appliances, equipment, stores and cargo when found guilty of breaching the provisions of the Fisheries Ordinance. It will act as a further deterrent to those who have constantly violated or are thinking of violating the Fisheries Ordinance. The need has arisen following the recent case of the Hai Soon 28, where the owner and captain were initially fined $5.13 million by the High Court, which was reduced to $4.73 million during the recent Court of Appeal sitting this August 2009. The recent experience is in direct contrast with the case of Te Tauu, where a similar use of a bunkering vessel violating our Fisheries Ordinance resulted in forfeiture of the vessel and its cargo to the Republic, in addition to a substantial fine. The amendment sought will restore that parity.
Repealing text(s):

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