Review of Marine Turtles Legislation in Fiji

Transcription

1 Review f Marine Turtles Legislatin in Fiji By Epeli Nasme Natinal Cnsultant, in cnsultatin with: Ms Eleni Tkaduadua Principal Envirnment Officer, Department f Envirnment and Mr Aisake Batibasaga Principal Fisheries Officer Fisheries Department.

2 PREFACE The SPREP reginal Marine Turtle Actin Plan places high pririty t legislatin as shwn by the selectin f the area Plicy and Legislatin as ne f the nine themes f the Actin Plan. The pririty actins identified under this theme by member cuntries and territries as well as partners are: Actin 5.1: Review and identify gaps and cnflicts in current plicies and legislatin (in member cuntries and territries) that supprt / limit the RMTCP, including cnventins, treaties, MOUs, agreements etc. [Pririty: High]. Actin 5.2: Encurage the need t address gaps and cnflicts fund in the review f plicies and legislatin as described in actin 5.1 where required. [Pririty: High]. Actin 5.3: Encurage and supprt cmpliance mechanisms that are mre effective at the cmmunity level, drawing upn and supprting existing laws and cntrls and cnflict reslutin systems, and using lcal cmmunity members. [Pririty: High]. Actin: 5.4: Amend relevant plicies and legislatin regarding turtle size limits t better reflect the impact f remving mature females frm ppulatins and, where pssible, t ensure that preference is given t using smaller-sized animals. [Pririty: High]. Actin: 5.5: Incrprate relevant traditinal knwledge, custmary marine tenure and practices int plicy, legislatin management plans where apprpriate. [Pririty: Medium] Actin 5.6: Ensure adequate prtectin is prvided fr nesting beaches and ther knwn critical habitats fr turtles thrugh plicy and legislatin. [Pririty: High]. This review then dcuments existing legislatin and plicies as well as the cuntry s participatin in internatinal/reginal agreements and cnventins relevant t marine turtles. It attempts t identify gaps and then make recmmendatins fr relevant legislatin t imprve and/r clarify existing nes and imprve prtectin/management f marine turtles. T help with the identificatin f legislatin gaps, a team at SPREP cnstructed a matrix f legislatin frm existing legislatin in the regin dealing with turtles as well as creating new nes based n available infrmatin. The invlvement f natinal experts frm relevant agencies is a vital cmpnent f this wrk. This review was made pssible with financial assistance frm the CMS/UNEP Abu Dhabi Office. i

3 CONTENTS PREFACE... i CONTENTS... ii 1. INTRODUCTION CURRENT MANAGEMENT/PROTECTION OF MARINE TURTLES IN FIJI EXISTING LEGISLATIONS... 1 (i) Fisheries Act (ii) Subsidiary Legislatin (t Fisheries Act), Sectin 9: Fisheries Regulatins (iii) Fisheries (Prtectin f Turtles) (Amendment) Regulatins (iv) Endangered and Prtected Species Act (v) Envirnment Management (EIA Prcess) Regulatins OTHER MARINE TURTLE PROTECTION/MANAGEMENT MECHANISMS... 4 (i) Lcal custmary/traditinal practices that prtect/manage turtles... 4 (ii) Reginal arrangements... 4 (iii) Internatinal cnventins/agreements GAPS/CONFLICTS IN LEGISLATION KEY RECOMMENDATIONS... 5 CHECK-LIST OF RELEVANT LEGISLATION... 7 ii

4 1. INTRODUCTION Marine Turtle Species present in Fiji: Five species f marine turtles have been recrded t be fund in Fiji waters. The mst cmmn species are: Green turtles [Chelnia mydas] and Hawksbill turtles [Eretmchelys imbricata] due t their nesting grunds being lcated at varius sites thrughut Fiji. The ther species include: Lggerhead turtles [Caretta caretta], Leatherback turtle [Dermchelys criacea], and the Olive Ridley turtle [Lepidchelys livacea], with uncnfirmed spradic nesting incidences but mainly sightings. Marine turtle nesting: Turtle nesting ccurs at several islated beaches thrugh-ut Fiji. The recrded nesting sites fr the Green turtles are n the small islands f the Nrthern and Suthern Lau Grup, the Mamanuca Grup, the islands ff Vanua Levu like Yadua and Namena Lala Islands, als Kadavu and Rtuma. The annual Greenback turtles nesting ppulatin n these islands were estimated in 2003 t be nests. The recrded nesting sites fr the Hawksbill turtles are n the small islands ff Nrthern Viti Levu like Nananu-i-Ra, islands ff Vanua Levu like Yadua, Namena Lala and Laucala Islands, the islands f the Lmaiviti Grup and Mamanuca Grup, and the Yasawa Islands. The annual Hawksbill turtles nesting ppulatin n these islands were estimated in 2003 t be nests. Fr Lggerhead turtles, there have been uncnfirmed nesting incidences but with mainly sightings n Aiwa Island (Lau), Taveuni, and islands ff Vanua Levu like Yadua Taba. Spradic nesting has been cnfirmed fr the Leatherback turtles n the beaches f Savusavu, Qma, Yasawas, Suthern Vanua Levu, and Nrthern Lau. The annual Leatherback turtle nesting ppulatin has been estimated in 2003 t be nests. In terms f marine turtle feeding areas, results frm flipper and satellite tagging cnducted in the regin indicate Fiji as an imprtant marine turtle fraging area fr turtles nesting in ther Pacific natins especially thse t the east f Fiji. Imprtance f marine turtles lcally: The turtle r vnu r ika bula is an imprtant part f Fiji s chiefly traditinal ceremnies r functins such as chiefly installatins and chiefly weddings. Turtles are a frm f wealth in the catergry i yau, which includes prperty items such as the tabua (sperm whale tth), the masi (clth made frm the bark f the Mulberry tree), and the ibe (mats wven frm reeds). This indicates that the status f the turtles, as bth a sacred item and special meat reserved fr nly a few peple in a cmmunity. The art f fishing fr turtles is cnfined t a select grup knwn as the gnedau (traditinal fishermen, headed by the Tunidau) wh are bligated t supply their chiefs with turtles (amngst ther marine species) during traditinal ceremnies. Tday, these traditins are disappearing, and turtle meat are being sught, whenever pssible, fr nn-traditinal celebratins als. This has declined turtle ppulatin. It is currently a majr challenge fr the relevant authrities, led by the Fisheries Department, t raise awareness and impse cnservative measures fr the prtectin f the turtles. Review f current Fisheries Act fr the new In-Shre Fisheries Management Decree: This review f Fiji s natinal marine turtle legislatin is timely as the review f the Fisheries Act has begun by the Frum Fisheries Agency. The cnsultatins n the draft are scheduled fr July/August, 2010, with the aim t enact it in the Nvember/December, CURRENT MANAGEMENT/PROTECTION OF MARINE TURTLES IN FIJI 2.1 EXISTING LEGISLATIONS (i) Fisheries Act 1985 An Act t make prvisin fr the regulatin f fishing. Sectin 2 - Interpretatin fish means any aquatic animal whether piscine r nt, and includes shellfish, spnges, hlthurians (beche-de-mer), sea-urchins, crustaceans and turtles and their eggs. Sectin 3 The Minister may appint hnrary fish wardens whse duties shall be the preventin and detectin f ffences under this Act and the enfrcement f the prvisins theref. Sectin 5 A licensing fficer may in his discretin grant licenses t take fish in Fiji fisheries waters. Every license granted under the Act shall terminate n the 31 st December next after the day f issue. It shall be persnal t the hlder, shall nt be transferable and shall be subject t such cnditins as the licensing fficer shall think fit t endrse theren in accrdance with the Act r any regulatins made thereunder. N persn shall take fish in Fiji fisheries waters by way f trade r business r as an emplyee f a persn carrying n the trade r business f a fisherman unless such persn is authrised by a license t take fish. Sectin 7 Any licensing fficer, plice fficer, custms fficer, hnrary fish warden and any ther fficer empwered in that behalf by the Minister, may, fr the purpse f enfrcing the prvisins f the Act, require any persn engaged in fishing t exhibit his license, apparatus and catch. 1

5 Sectin 8 A license t take fish may be cancelled by the curt upn the cnvictin f the hlder f any cntraventin f the terms f his license r fr any breach f the prvisins f the Act r f the regulatins made thereunder. Sectin 9 The Minister may make regulatins: prescribing areas and seasns within which the taking f fish is prhibited r restricted, either entirely r with reference t a named species; prescribing limits t the size and weight f fish f named species which may be taken; regulating any ther matter relating t the cnservatin, prtectin and maintenance f a stck f fish which may be deemed requisite. (ii) Subsidiary Legislatin (t Fisheries Act), Sectin 9: Fisheries Regulatins 1992 Regulatin 9 N persn shall harpn any turtle unless the harpn is armed with at least ne barb f which the pint prjects nt less than 9.5mm (3/8 inch) frm the surface f the shaft, measured at right angles t the lng axis f the shaft. Part IV, Regulatins Impses limitatin measurements f nets. Regulatin 20 This regulatin has been amended thrugh Regulatin 20A f the Fisheries (Prtectin f Turtles) (Amendments) Regulatins 2010 (refer t (iii) belw). Regulatin 26 N persn shall exprt frm Fiji turtle flesh; turtle shell unless wrked int jewellery r therwise prcessed int a frm apprved by the Permanent Secretary (fr Fisheries). (iii) Fisheries (Prtectin f Turtles) (Amendment) Regulatins 2010 [Amendment t Regulatin 20A made under Sectin 9(g) f the Fisheries Act]. 1. (1) These Regulatins may be cited as the Fisheries (Prtectin f Turtles) (Amendments) Regulatins (2) The Fisheries (Prtectin f Turtles) Regulatins shall be referred t as the Principal Regulatins. 2. The Principal Regulatin is amended in Regulatin 20A i. sub regulatin (1) by deleting paragraphs (a)-(c) and substituting - (a) in any way mlest, take r kill turtles f any species; r (b) sell, ffer, r expse fr sale r exprt any turtle shell, flesh r derivatives; r (c) dig up, use, take r destry turtle eggs f any turtle species; r (d) use turtle, turtle derivatives, eggs r turtle shells fr any purpse including educatin, research r turism; r (e) negatively impact turtle habitats. ii. sub regulatin (3) by deleting 31 st December 2008 and substituting 31 st December And s the regulatin reads as: Mratrium n mlesting, taking r killing f turtles Regulatin 20A (1) Ntwithstanding regulatin 20, n persn shall (a) in any way mlest, take r kill turtles f any species; r (b) sell, ffer, r expse fr sale r exprt any turtle shell, flesh r derivatives; r (c) dig up, use, take r destry turtle eggs f any turtle species; r (d) use turtle, turtle derivatives, eggs r turtle shells fr any purpse including educatin, research r turism; (e) negatively impact turtle habitats. 2

6 (2) The Minister may, upn a written request by any persn, exempt that persn by writing under his hand, frm subregulatin (1). (3) This regulatin expires n 31 st December (iv) Endangered and Prtected Species Act 2002 Sectin 3 (The Appendices mentined make reference t the CITES Appendices I, II, III which mentin turtles under Reptiles) in Appendix I, which lists all species threatened with extinctin which are r may be affected by trade; in Appendix II, which lists all species that are nt actually threatened with extinctin but may becme threatened with extinctin if trade in thse species is nt regulated; in Appendix III, which lists all species identified by state parties that require regulatin in their jurisdictin t prevent and restrict their explitatin which require the c-peratins f ther state parties t cntrl trade in thse species; Sectin 9 N persn must exprt any specimen mentined in sectin 3 except with an exprt permit. Sectin 10 N persn must imprt any specimen mentined in sectin 3 except with an imprt permit. Sectin 17 Any animal species listed in Appendix I that have been bred in captivity fr cmmercial purpses, is deemed t be animal species listed in Appendix II. Any animal species listed in Appendix I r II (f CITES listing) that have been bred in captivity may nt be traded unless the specimens riginate frm a breeding peratin registered under this Act, and have been individually and permanently marked in a prescribed manner s as t render it difficult fr any unauthrised persn t alter, mdify r erase the mark. The Minister may prescribe the cnditins fr registratin f breeding peratins. Sectin 22 N persn must undertake any captive breeding f any special species r any artificial prpagatin f plant species unless the persn is registered with the (CITES) Management Authrity. The Management Authrity may register r refuse t register a persn t undertake any captive breeding f animal species r any artificial prpagatin f plant species The Management Authrity may vary, suspend r revke the registratin f a persn under this sectin. A persn registered under this sectin must keep recrds f their stcks and f any ther related transactins. The Management Authrity may inspect the premises and recrds f persns registered under this Act. A persn wh cntravenes subsectin (1) cmmits an ffence and is liable: in the case f an individual persn t a fine f $20,000 r t imprisnment fr 4 years; in the case f a cmpany r assciatin r bdy f persns, crprate r unincrprated t a fine f $100,000. (v) Envirnment Management (EIA Prcess) Regulatins 2007 [made under the Envirnment Management Act 2005]. There is n particular reference t turtles. These features are very general which can als take int cnsideratin eclgically sensitive areas like turtle nesting areas. This is a gap that needs t be addressed, and is being recmmended. Regulatin 14 A site inspectin must take int accunt factrs affecting the relatinship between the prpsed develpment and the features f the site, including, but nt limited t Regulatin 23 natural features such as tpgraphy, vegetatin and watercurses; adjacent uses, including peple riented activities; ther uses f the resurces such as a river; etc Persns carrying ut an EIA study n a prpsal are expected t cnduct fieldwrk t btain accurate measurements f envirnmental values fr use in making impact predictins and recmmending apprpriate envirnmental prtectin measures in respect f the prpsal. A persn carrying ut an EIA study n a prpsal must Inspect the site f the prpsed develpment activity r undertaking, taking int accunt the factrs set ut in regulatin 14 in relatin t site inspectins. 3

7 Regulatin 25 An EIA reprt n a prpsal must, t the extent apprpriate, include a descriptin f the envirnmental setting f the site f the prpsal, including a statement f envirnmental resurces and cnditins in the area befre the implementatin f the activity r undertaking, and a prjectin r estimatin f changed envirnmental circumstances that may ccur as a result f the activity r undertaking; a descriptin f the pssible envirnmental and resurce management impacts f the activity r undertaking, including any pllutin r waste that may be generated, and impacts ccurring during cnstructin, peratin, decmmissining, and abandnment phases f the f the activity r undertaking; a statement f the varius alternatives that have been cnsidered fr the activity r undertaking that are reasnably freseeable and technically and ecnmically apprpriate, including the ptin f taking n actin, and an utline f the reasns fr chsing the prpsed actin; a statement f the mitigatin actin prpsed in respect f any adverse impacts identified. 2.2 OTHER MARINE TURTLE PROTECTION/MANAGEMENT MECHANISMS (i) Lcal custmary/traditinal practices that prtect/manage turtles There is a traditinal custm t cnserve marine fisheries fr the plentiful supply f fish fr significant festive ccasins. A high chief wuld demarcate a particular area f a river r stream r a marine fisheries area fr n fish taking, including turtles, fr a perid f time befre the ccasin. This tabu wuld be bserved by all members f the clan f the chief. (ii) Reginal arrangements There is currently n specific reginal MU r agreement that deals specifically with the prtectin and cnservatin f marine turtles in the Pacific Islands regin. Hwever, Fiji is a member f SPREP that has a reginal marine turtle actin plan Fiji is als a member f FFA that has an actin plan fr turtle by-catch mitigatin. (iii) Internatinal cnventins/agreements Internatinal species-specific cnventins and agreements that invlve prtectin r management f marine turtles t which Fiji is a party are: The Cnventin n the Cnservatin f Migratry Species f Wild Animals (als knwn as CMS r Bnn Cnventin), and The Cnventin n Internatinal Trade in Endangered Species f Wild Fauna and Flra (CITES). 3. GAPS/CONFLICTS IN LEGISLATION Fiji des nt have a cmprehensive legislatin r a legislatin with cnslidated prvisins fr all aspects f the prtectin and management f marine turtles in its maritime zne. While existing legislatins seem t adequately cver the prtectin and management f marine fisheries, in general, there are vast areas fr imprvement required fr the specific references t the marine turtle. Furthermre, the impsitin f plicies fr the varius management strategies fr turtle prtectin and cnservatin has been the alternative natinal mechanism whilst legislatins are silent n thse plicy areas. The matrix f prtectin fr turtles (Table 1) is in fact encmpassing f all fisheries as stated in the legislatins mentined. The definitin f fish in the Fisheries Act includes turtle and its eggs tgether with ther aquatic animals. This generalises mst prvisins in the Fisheries Act when it refers t fish unless particular sectins make references t a particular aquatic animal. The imprvements are required fr the fllwing: Prtectin fr the breeding-size turtle ppulatin, apart frm nesting turtles: there is evidence that, fr areas where harvesting is allwed, prtecting the breeding-size turtle ppulatin is mre beneficial than prtecting immature turtles. Prhibitin f the use f certain fishing gear t catch turtles: sme cuntries have intrduced prhibitin f the use f certain gear (e.g. spear and nets) t catch turtles. This wuld result in likely lesser catches and a gd means f managing any minimum/maximum size limit regulatins in place. Use f turtle-friendly fishing methds such as circle hks fr lng-line, TEDS fr nets, de-hking gear mandatry n lng-line fishing vessels. It is nw becming a cmmn practise thrugh-ut the wrld t use turtle friendly fishing equipment and gear and t have available n bard equipment fr the safe release f any hked turtle. Reprting indirect by-catches t relevant authrities: There are minimal data available f any turtle by-catch, with captured infrmatin merely recrding the types f animals caught. Mre detailed infrmatin necessary in rder t understand the nature f the threat. 4

8 Exprt f turtles: While Sectin 9 f the Endangered and Prtected Species Act 2002 prvides fr a permit fr the exprt f any marine wildlife r prduct f marine wildlife listed in Appendices I, II, r III f the Cnventin n Internatinal Trade in Endangered Species f Wild Animals and Plants (CITES) 1973, the Fisheries (Prtectin f Turtles)(Amendment) Regulatins 2010 bans exprt up t 31 st December, (This is a cnflict f legislatins whereby the EPS Act cntrls trade r exprt f turtles and its derivatives, and the Fisheries Regulatins puts a ttal ban until It is a recmmendatin that the legislatins t cmplement ne anther, unless it is mentined that a legislatin supersedes anther). Incrpratin f relevant traditinal knwledge, custmary marine tenure and practises: There has been the ersin f cultural and spiritual values which has cntributed t the lss f traditinal restrictins n whm, where and when turtles may be taken and are nw largely being viewed as cmmn prperty. Furthermre, there have been cnflicts whereby traditinal fishing rights wners presume they are paramunt in the decisin-making n the taking f marine resurces like turtles in their fishing rights areas whereby the Fisheries Department is the legal authrity. Research methdlgies: While the Regulatins 2010 prhibits use f any turtle species fr research, it wuld be necessary t include exceptins t accmmdate the use f turtles stranded dead. Euthanizing marine turtles: N legislatin exists t accmmdate sick r injured stranded turtles that wuld better be euthanized. Translcatin f eggs: There is currently n legislatin that accmmdates translcatin f turtle eggs t mre suitable areas t avid turtle egg lss t tides, heat etc. This is particularly imprtant with the increasing impacts f climate change/sea-level rise n areas used by turtles fr nesting. Sale/exprt f turtle eggs: There is n particular mentin f the prhibitin f the sale/exprt f turtle eggs in the Regulatins Tagged turtles: The current legislatins d nt cver tagging activities currently undertaken by the Fisheries Department r rganisatins like WWF that crdinate tagging activities. There are natinal plicies n tagging f turtles. SPREP is crdinating the reginal turtle tagging prgramme and given the migratry nature f these animals, turtles tagged elsewhere and by ther lcal prjects agencies shuld be accmmdated. Nesting beaches cnsidered in castal develpment plans and EIAs: The EIA regulatins are very general n significant eclgical sites t prtect frm new develpments. The needs fr prtectin f the varius marine animals may vary. Specific references need t be made fr the varius marine and terrestrial resurces that need t be prtected, e.g. turtle nesting areas. Marine sanctuary: Cabinet had established a marine sanctuary in Fiji s EEZ fr whales nly. It appinted the Department f Fisheries t wrk tgether with ther relevant Gvernment Ministries, private sectr and NGOs t develp a prgramme t actin the initiative. Other marine animals may be allwed t be taken. Enfrcement: Due t limited resurces (manpwer and funding) enfrcement f legislatin by Gvernment agencies is very limited and difficult t cnduct particularly in cmmunities. Within traditinal fisheries, fisheries wardens have been established under the Fisheries Act. 4. KEY RECOMMENDATIONS The fllwing are the majr recmmendatins fr cnsideratin (especially in the current review f the Fisheries Act and the drafting f the new In-Shre Fisheries Management Decree: Prtectin f the breeding-size turtle ppulatin by incrprating in the Fisheries Act 1985 the maximum size limits t exclude catching f the large mature and breeding turtles. Intrductin f a means t manage minimum/maximum size limit: regulatins in the Fisheries Regulatins 1992 incrprating a prhibitin f the use f certain fishing gear t catch turtles, e.g. spear and net. Requirement fr a permit t exprt turtles, turtle meat r any part theref fr any purpse. The Fisheries Act shuld recgnise the prvisins f the Endangered and Prtected Species Act, and the articles f CITES which require permits fr trade in endangered plants and animals including sme marine animals like turtles. Prtectin f turtle hatchlings and breeding-size turtles frm been kept in captivity by incrprating a minimum and maximum size limits in the Fisheries Act The minimum size limit applies t the size when the species enters fraging grunds frm the lst years and the maximum size limit is the size at first sexual maturity. Prtectin f turtle nesting areas n traditinally wned land: It is impssible t legally render prtectin t turtle nesting areas as mst are n traditinally wned land, unless agreed t by thse landwners. Hwever, this can 5

9 be dne via cmmunity prjects and with cntinuus mnitring and awareness. Furthermre, there is the need t strengthen the enfrcement f the legal tenureship status f the resurces landwners wn and the resurces the state wns in the freshre areas. Areas f wnership shuld be clearly defined. The state wns all land belw mean high water mark. Prvisins in the Fisheries Act 1985 incrprating the fllwing exceptins cncerning research methdlgies and use f dead turtles fr research purpse: Parts and samples frm turtles legally harvested r dead stranded t be used fr research purpses; Hatchlings resulting frm incubatin under cntrlled cnditins can be sacrificed fr gnad histlgy etc under an apprved prject r research; Hatchlings trapped in nests that wuld therwise die may als be sacrificed fr research int sex rati etc. Prvisin in the Fisheries Act 1985 allwing euthanizing f marine turtles when determined by a veterinarian r ther suitably qualified bilgist that a sick r an injured stranded turtle shuld be euthanized and necrpsied t determine the cause f the illness/disease r whatever is impact in the turtle internally. Prvisins in the Fisheries Act fr translcatin f eggs t suitable areas by a suitably qualified bilgist r trained persnnel, upn apprval, if the nest is n a high risk area, and the mving f eggs fr incubatin under cntrlled cnditins requiring a permit/apprval. Nesting beaches cnsidered in castal develpment plans and EIAs: The EIA regulatins is t general n features t prtect. It is imprtant that particular mentin is made n turtle nesting areas in the EIA regulatins as features t take int cnsideratin in a prpsed develpment site. Prvisin in the Fisheries Act 1985 t cver any tagging peratin r tagged turtle, whether tagged utside f Fiji and under any prjects and by any ther agencies whether under a reginal r natinal prgrammer/prject. Marine sanctuary management plan and regulatins: The develpment f a sanctuary management plan fr turtles als besides whales, including recmmended regulatins, need be prvided fr in the Fisheries Act Prvisin in the Regulatins 2010 t cver the prhibitin f sales/exprt f turtle eggs. Enfrcement: limited resurces (manpwer and funding) makes enfrcement f legislatin very limited and difficult. One way f imprvement f enfrcement is by empwering members f cmmunities. Villages cnduct enfrcement thrugh decisins f the village elders, and endrsement by the Fisheries Department. By-laws can make this prcess mre frmal and certain and makes it easier t gain supprt frm external enfrcement agencies. 6

10 CHECK-LIST OF RELEVANT LEGISLATION Matrix f areas cvered cncerning marine turtle prtectin in current legislatin f Fiji. 1. HARVEST / DIRECT TAKE Minimum size limit Maximum size limit Egg taking prhibited Taking f Nesting Turtle prhibited Taking f turtles frm within management area prhibited Taking fr traditinal purpses nly (permit required?) Taking fr research/educatinal purpses (permit required?) Taking f turtles prhibited Quta/Limited number Taking f turtles during nesting (clsed) seasn prhibited Fisheries Regulatins, Part V, s.20(1) replaced by Fisheries (Prtectin f Turtles)(Amendment) Regulatins 2010 Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Regulatins 2010 P Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) P Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Mratrium Fisheries (Mratrium n Mlesting, Taking r Killing f Turtles) Regulatins, 1997 replaced by Fisheries (Prtectin f Turtles)(Amendment) Regulatins 2010 Taking prhibited in certain znes e.g. territrial seas, EEZs Fisheries Act, s.4 2. FISHING GEAR (specifically fr catching turtles where catching is allwed) Spearing prhibited? Fisheries Regulatins, Part III, s.9 Net prhibited? Fisheries Regulatins, Part IV, ss Other? 3. TAGGED TURTLE P Release when caught Reprt t authrities when caught/seen 4. INDIRECT TAKE (BY-CATCH) P Release when accidently caught and is alive Reprting t relevant authrities Use f turtle friendly gear (TEDs, circle hks etc) De-hking gear mandatry n lng-line fishing vessels 5. KEEPING TURTLES IN CAPTIVITY Nt allwed at all Nt allwed except via permit (fr research, educatinal, incme generating, hbby, rehabilitatin), with guidelines Minimum/maximum size f a turtle allwed t be kept 6. TOURISM-RELATED ACTIVITIES P In the wild-permit required (nesting and fraging) Guidelines fr best practice available Turtle kept in captivity requiring permit Guidelines available and enfrced Head-start requiring permit with cnditins Endangered & Prtected Species Act, ss.17 & 22 Endangered & Prtected Species Act, ss.17 & 22 7

11 7. TRADE Lcal sale f turtles prhibited Lcal sales f turtle eggs prhibited Exprt f turtles and eggs prhibited Lcal sale f any prducts derived frm turtles prhibited Exprt f any prducts derived frm turtles prhibited Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Endangered & Prtected Species Act, ss.3, 9-12 Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Endangered & Prtected Species Act, ss.3, 9-12 Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Endangered & Prtected Species Act, s.9 Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Endangered & Prtected Species Act, ss.3, 9-12 Regulatins 2010 (replaces Fisheries Regulatins, Part V, s.20(1)) Endangered & Prtected Species Act, s.9 8. HABITAT PROTECTION P Nesting beaches prtected Fraging grunds prtected Sanctuary fr turtles Nesting beaches cnsidered in castal develpment plans and EIAs Envirnment Management (EIA Prcess) Regulatins 2007: Regulatins 14, 23, RESEARCH METHODOLOGIES P Only nn-lethal cllectin f turtles fr research allwed Exceptins: Parts and samples frm turtles legally harvested r dead stranded can be used fr research Hatchlings resulting frm incubatin under cntrlled cnditins can be sacrificed fr gnad histlgy etc under an apprved prject r research Hatchlings trapped in nests that wuld therwise die may als be sacrificed fr research int sex rati etc 10. EUTHENASING MARINE TURTLES P Veterinarians r ther suitably qualified bilgists shall determine if a sick r an injured stranded turtle shuld be euthanased and necrpsied t determine the cause f the illness/disease r whatever is impact in the turtle internally 11. TRANSLOCATION OF TURTLE EGGS P Turtle eggs can be translcated t suitable areas by suitably qualified bilgist r trained persnnel, upn apprval, if the nest is n a high risk area Mving f eggs fr incubatin under cntrlled cnditins requires permit/apprval 12. COMMUNITY/CUSTOMARY P Incrprates relevant traditinal knwledge, custmary marine tenure and practices Effective at the cmmunity level, using lcal cmmunity members 13. ENFORCEMENT Enfrcement prvisins Fisheries Act, ss.2, 7 Endangered & Prtected Species Act, Part 7 ss Fine prvisins Fisheries Act, s.10(1)-(8) Endangered & Prtected Species Act, Part 7 ss AGREEMENT/CONVENTION AFFILIATIONS Party t CITES Party t CMS Signatry t MU fr the cnservatin f marine turtles in the Pacific (hpefully in the next 5 years!!) Fiji a Party Fiji a Party A Party hpefully in next 5 years P relevant legislated prvisins will be drafted int new In-Shre Fisheries Management Decree 8