Chapter I Intro & Objectives - SPREP

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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. 14
PHOENIX ISLANDS PROTECTED AREA MANAGEMENT PLAN Chapter III. Background, 7. Regulations, Laws and International Agreements Draft 1 March 2007 Various fisheries regulations have been promulgated to manage the fishery including regulations for processing and export of fishery products and for vessel licensing. Foreshore and Land Reclamation Ordinance - The Foreshore and Land Reclamation Ordinance included the general provision that the State owns the foreshore and the seabed (Ministry of Line and Phoenix Development 1999). However, the public has the right of navigation, fishing and passing over the foreshore. Importation of Animals Ordinance – The Importation of Animals Ordinance regulated the importation of animals (Ministry of Line and Phoenix Development 1999). Land Planning Ordinance - The Land Planning Ordinance provided for control of development and use of land (Ministry of Line and Phoenix Development 1999). Local Government Act - The Local Government Act gave the local island councils wideranging functions, include regulation of local fisheries (Ministry of Line and Phoenix Development 1999). Marine Zone (Declaration) Act – The marine Zone (Declaration) Act related to the internal waters, archipelagic waters, territorial sea, the exclusive economic zone (EEZ), and the contiguous zone of Kiribati (Ministry of Line and Phoenix Development 1999). Merchant Shipping (oil pollution ) Order - The Merchant Shipping (oil pollution) Order was the application of the U.K. Merchant Shipping (oil pollution) Act of 1971 (Ministry of Line and Phoenix Development 1999). Native Lands Ordinance of 1956 – The Native Lands Ordinance relates to land tenure (Ministry of Line and Phoenix Development 1999). Plant Ordinance - The Plant Ordinance provided for the protection of endangered or culturally important plant species (Ministry of Line and Phoenix Development 1999). Prohibited Areas Ordinance 1957 – The Prohibited Areas Ordinance had a provision for setting aside areas for nature conservation purposes (Pulea and Farrier 1993). Under the 1957 ordinance, Birnie, Abariringa (Canton, Kanton), Enderbury and Orona (Orana, Hull) were declared protected areas (L.N. 46/72). Quarantine Ordinance - The Quarantine Ordinance regulated importation of agricultural and other products that may harbour dangerous pathogens (Ministry of Line and Phoenix Development 1999). Wildlife Conservation Ordinance of 1975, amended in 1979 – The Wildlife Conservation Ordinance covered the conservation of wildlife (Anon. 1985). For a full text of the Wildlife Conservation Laws (Chapter 100) see Government of Kiribati (1977). LAND TENURE Local Ownership - Knudsen (1965) noted that anyone who came to the Phoenix Islands as part of the 1938 Phoenix Islands Settlement Scheme by H.E. Maude would have “to renounce 15
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Chapter I Intro & Objectives - SPREP

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