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Stimulating investment in pearl farming in ... - World Fish Center

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Page 13The draft Regulations also specify the conditions of the licence that may relate, but are notlimited, to:• the species of fish or aquatic life to be bred, farmed, cultured or held;• the stages of the lifecycle of fish or aquatic organism at which the same may be kept;• limitation of the quantity of fish or aquatic life that may be kept or sold;• the method of water discharge or waste disposal;• the location of the aquaculture facilities;• limitation of the use of chemicals or drugs, if any;• a requirement for the lodgement of a guarantee or security to cover the cost of damagethat may be caused by the operation of the aquaculture facility.The licence is not transferable. The Director may review, vary or alter the conditions of thelicence, or temporarily suspend a particular condition. Under specific circumstances, theDirector may cancel, revoke or suspend the licence. Any person aggrieved by such a decisionof the Director, or the decision not to issue or renew the licence, may appeal to the M<strong>in</strong>isterwith<strong>in</strong> 30 days follow<strong>in</strong>g receipt of the notification of such decision.In addition to the licens<strong>in</strong>g requirement, all aquaculture facilities and equipment must bebuilt, <strong>in</strong>stalled or constructed to standards approved by the Director of <strong>Fish</strong>eries. Forexample, all facilities need to have an effluent reservoir <strong>in</strong> which wastewater is to be treatedbefore discharge. The Regulations also require biological (as opposed to chemical) means ofeffluent treatment to be used unless circumstances render it costly or impractical. TheDirector may impose conditions to the aquaculture licence relat<strong>in</strong>g to the method of waterdischarge or waste disposal. After <strong>in</strong>spection of the facility, the Director may issue acertificate certify<strong>in</strong>g the facility as fit and proper for aquaculture activities. Without thiscertificate it is prohibited to culture aquatic organisms <strong>in</strong> the facility.As noted these draft Regulations are not yet <strong>in</strong> force, but there is the possibility that they maybe gazetted <strong>in</strong> the near future, as an <strong>in</strong>terim measure until the new <strong>Fish</strong>eries Legislation isready. The draft Regulations provide a useful model which has been used dur<strong>in</strong>g the presentstudy <strong>in</strong> the draft<strong>in</strong>g of a specific Pearl Farm<strong>in</strong>g Regulation for consideration by Government.Only one commercial aquaculture operation has been licensed <strong>in</strong> Solomon Islands <strong>in</strong> the lastfew years, a land-based prawn farm on Guadalcanal, which is no longer operat<strong>in</strong>g. Becauseof the absence of appropriate licens<strong>in</strong>g mechanisms, this was licensed as a fish process<strong>in</strong>gestablishment. The only other aquaculture licence thought to have been issued <strong>in</strong> SolomonIslands was to ICLARM (now the <strong>World</strong><strong>Fish</strong> <strong>Center</strong>) <strong>in</strong> the early 1990s for communityaquaculture projects supported by that organisation based on the grow-out and export of giantclams produced <strong>in</strong> the <strong>World</strong><strong>Fish</strong> hatchery.A revised version of the <strong>Fish</strong>eries Regulations was prepared <strong>in</strong> 2003, but for various reasonshas never been gazetted. The exist<strong>in</strong>g Regulations are likely to be superseded as part of theongo<strong>in</strong>g review of the <strong>Fish</strong>eries Act. Like the 1998 <strong>Fish</strong>eries Act, the new draft Act as itcurrently stands pays only limited attention to aquaculture. There is a need to strengthen theaquaculture provisions of the new Act prior to its f<strong>in</strong>alisation, and to ensure that aquaculture<strong>in</strong> general, and <strong>pearl</strong> farm<strong>in</strong>g <strong>in</strong> particular, are adequately covered <strong>in</strong> regulations or othersubsidiary legislation. Representations and recommendations are be<strong>in</strong>g provided to thereview team to this effect.

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