Chapter I Intro & Objectives - SPREP

PHOENIX ISLANDS PROTECTED AREA MANAGEMENT PLAN
Chapter III. Background, 7. Regulations, Laws and International Agreements
Draft 1 March 2007
Marine Zones (Declaration) Act *1,2 1983
Merchant Shipping (oil pollution) *2 1975
Native Lands Ordinance *2 1956
Plant Ordinance *2 1975
Prohibited Areas Ordinance *2 1957
Prohibited Fishing Areas (Designation) Regulations *1 1978
Quarantine Ordinance *2 1931
Wildlife Conservation Ordinance (cap 100) *1,2,3 1975
*source:
1. Mangubhai (2002);
2. Ministry of Line and Phoenix Development (1999);
3. Garnett (1983c); and
4. Pulea and Farrier (1993).
Closed District Act - The Closed District Act 1990 was a re-enactment of a 1936 ordinance
and followed the Constitutional (Laws Adaptation) Order 1980 (Pulea and Farrier 1993).
Under this law, Abariringa (Canton), as well as Kiritimati, Tabuaeran, and Teraina were
declared closed areas. Access was limited to permit holders. [Need to confirm with AG on
the new Act, ie no more closed district – may be 1995]
Environment Act - Environmental Act of 1999 has been redrafted and has passed first reading
in Parliament (in late 2006). The second and final reading should be in early 2007.
The Fisheries (Pacific Island States’ Treaty with the U.S.A.) Act - The Fisheries Act gave
effect to the Treaty on Fisheries between the Governments of certain Pacific Island States and
the Government of the United States (Ministry of Line and Phoenix Development 1999). The
Treaty allowed tuna purse seine vessels from the U.S. to fish in Kiribati waters (including the
Kiribati EEZ around the Phoenix Islands).
The Fisheries Ordinances of 1977, and amendments, and the Fisheries Act of 1984 – These
regulations and laws relate to marine tenure and resource use (Ministry of Line and Phoenix
Development 1999).
The Fisheries Act provided the regulatory framework for the operation of the fishery in
Kiribati (Sharp n.d.). However, the Fisheries Act provided no guidance on fisheries
conservation or sustainable development. Other key points of the Fisheries Act included:
1) Vessels over 7 m require a license;
2) Foreign vessels must have a permit prior to entry into the fishery; and
3) Fishing permits were issued annually with fees subject to negotiation.
Vessels involved in transshipping must also be registered and licensed and must pay
transshipment fees (Sharp n.d.).
According to the Fisheries Act, the Minister has the power to make regulations on closed
seasons, closed areas, size limits, gear limitations, and other measures as appropriate.
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