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Fisheries Management Act (No. 2 of 2015).

Country
Type of law
Legislation
Source

Abstract
This Act provides with respect to fisheries management and conservation in the Solomon Islands. It shall ensure the long-term management, conservation, development and sustainable use of Solomon Islands fisheries and marine ecosystems for the benefit of the people of Solomon Islands. Unless otherwise specified under this Act, or by a Fisheries Management Plan adopted under this Act, this Act does not apply to or in relation to non-commercial fishing including customary fishing. All functions, duties and responsibilities under this Act shall be exercised in a manner consistent with specified principles including the precautionary approach which shall be applied to the management and development of the fisheries at a standard that is equal or superior to the standard set out in Article 6 and Annex II of the UN Fish Stocks Agreement. Customary rights shall be recognised and access for customary fishing ensured.
The Minister shall be the principle Authority for purposes of this Act. He or she shall be responsible for preparing Fisheries and Marine Resources Management and Development Policy or Strategy for consideration and endorsement by Cabinet. The Minister may delegate functions, powers and duties to the Permanent Secretary responsible for Fisheries and the Director of Fisheries appointed under this Act. The Act establishes a Fisheries Advisory Council, a Fisheries Appeals Committee, a Fisheries Licensing Committee and a Fisheries Management and Development Fund. Subject to this Act, each Provincial Government shall have primary responsibility for management and conservation and sustainable use of fisheries resources within its provincial waters. The Director may cause to be prepared Fisheries Management Plans at national, provincial and community levels for any fishery in the fisheries waters and shall undertake consultations set out in the Second Schedule.
The Minister may declare a national Marine Protected Area or national Marine Managed Area by Order in the Gazette. The Director may appoint a management committee responsible for the management of each declared area. An agreement of the relevant Provincial Executive and community rights holders on behalf of the communities shall be required in case a plan involves more provinces or customary rights.
Other provisions of this Act concern, among other things: prohibited activities regrading fishing and trade in fish products; regulation and development of aquaculture and mariculture protection of endangered species; pollution of fish waters; access for foreign fishing vessels and agreements to that purpose; licensing; buying, selling, storage and processing of fish and fish products for export; transhipment and bunkering of fish; requirements for fish and fish products processing and storage facilities; monitoring, control and surveillance; (denial of) use of ports; vessel monitoring systems. In granting licences, the Director shall take into account good standing of the vessel on the Regional register and consider whether an operator was not involved with a vessel appearing on the IUU (Illegal, Unreported and Unregulated fishing) list. The Director shall not grant authorisation to a vessel seeking to enter or use a port if he or she is satisfied that - (a) the vessel has not met the standards as may be prescribed; and (b) the vessel is on an IUU list.
The Minister may, on the advice of the Director and in consultation with the Minister responsible for the environment, by Order in the Gazette, declare, as protected or endangered, any fish - (a) that are designated as protected or endangered under an international agreement; or (b) that the Director recommends be declared as protected or endangered, based on the best available scientific evidence. No person shall take, land, or trade in any fish or fish product declared as protected or endangered species. The Director shall not issue a licence for the import or export of live fish unless all requirements of the Convention on International Trade in Endangered Species of Wild Fauna and Flora are fully met.
Long title of text
An Act to make provisions for the conservation, management, development and sustainable use of fisheries and marine resources of Solomon Islands, to monitor and control fishing vessels within and beyond the fisheries waters, to repeal the Fisheries Act 1998 and to make consequential amendments to the Provincial Government Act 1997 and the Town and Country Planning Act (Cap. 154).
Date of text
Repealed
No
Source language

English

Legislation status
in force
Legislation Amendment
No
Repeals