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Kiribati (64) >

Name: Fisheries Act 2010 (No. 6 of 2010).
Country: Kiribati
Subject(s): Fishers
Type of legislation: Law, Act
Adopted on: 2010-09-03
Entry into force:
ISN: KIR-2010-L-89302
Link: https://www.ilo.org/dyn/natlex/natlex4.detail?p_isn=89302&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 Act repeals the existing Fisheries Ordinance 1979, Cap 33. It incorporates all amendments to Cap 33 enacted over the past years. It provides for the implementation of regional and international obligations from treaties in which Kiribati is party to: It also accommodates the flaws evident under Cap 33 by updating and improving certain provisions.
The principal object of the Act is:
a) To promote the sustainable management of the fisheries of Kiribati and the development and use of fisheries resources for the benefit of Kiribati, including the recovery of fees that reflect the value of the resource; and
(b) To protect fish stocks and the marine environment of Kiribati.


Part 2 incorporates section 4 to 6 which provides for the management of fisheries through the consideration of designated fisheries, and the preparation of fishery management plans.
Part 3 regulates fishing vessels generally including international obligations and unlicensed foreign fishing vessels.
Part 4 and 5 contain provisions on licences and authorisations generally and licences specifically, updating and improving the sections particularly the penalties.
Part 7 introduces a section under Prohibited activities in relation to the driftnet fishing vessels in addition to the other destructive fishing methods previously covered under Cap 33.
Part 8 elaborates further on authorised officers, the powers of authorised officers and the extended powers of authorised officers. This part incorporates and implements the need for observers to board and remain on Kiribati licensed vessels for the purpose of carrying out his or her duties.
Part 9 and 10 provides for offences relating to authorised officers and observers and the destruction or disposing of evidence. Part 10 deals with seized property and forfeiture where a conviction resulted from a committal of an offence or offences under this Act.
Part 11 incorporates section 30 to 38 on jurisdiction and evidential proof. It provides for certificate evidence, designated machines, photographic evidence, and designated observer devices.
Part 12 incorporates old provisions on penalty, however introduces a section on penalty notices.
The regulations which forms Part 13 updates the fine of $1 000 to $10 000 at section 44(2)(y).
Part 14 provides for the repeat of Cap 33, and the savings on regulations, orders and notices made or given sander the repealed Ordinance to remain in force unless inconsistency with this Act occurred.
Repealed text(s):
Amending text(s):

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