US Coral Reef Task Force Meeting August 2007 Pago Pago, Am. Samoa
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1 US Coral Reef Task Force Meeting August 2007 Pago Pago, Am. Samoa USE OF VILLAGE BYE-LAWS IN MARINE CONSERVATION AND FISHERIES MANAGEMENT Ueta Fa asili Fisheries Adviser Secretariat of the Pacific Community (SPC)
2 What are Fisheries Bye-laws? Fisheries By-laws are local community rules that have been prepared in accordance with relevant provisions of the Fisheries Legislation, and that have been accorded legal recognition in the Court of law. Any measure that assists in the management of the marine environment. Apply equally to all citizens
3 INCEPTION OF VILLAGE FISHERIES BY-LAWS rapid decline in fish catches causes : over exploitation; : destructive fishing practices; : overly efficient fishing methods : and environment disturbance village fono, as part of their village rules put bans on the use of destructive fishing methods village rules have been broadcasted through radios and in local newspapers. problem with village rules- do not respect by outside villages village rules to form part of Fisheries legislation hence the inception of Village Fisheries By-laws
4 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division 3. Final checking and clearance by the Attorney General 4. Approval and signing of the by-laws by the Director 5. Gazette, publish, and distribution to neighbouring villages by Fisheries Division 6. Monitoring and enforcement by village communities
5 Table 1: Bye-laws and Regulations in Samoan Villages Village actions/regulations Percentages Banning the use of chemicals and dynamite to kill fish 100% Banning the use of traditional plant-derived fish poisons 100% Establishing small protected areas in which fishing is banned 86% Banning other traditional destructive fishing methods (eg( eg: : smashing coral) 80% Organising collections of crown-of of-thorns starfish 80% Enforce (national) mesh size limits on nets 75% Banning the dumping of rubbish in lagoon waters 71% Banning the commercial collection of sea cucumbers (Holothuroidea( Holothuroidea) 41% Banning the capture of fish less than a minimum size 41% Banning removal of mangroves (in villages with mangroves) 27% Restricting the use of underwater torches for spearfishing at night 21% Banning the removal of beach sand 14% Placing controls or limits on the number of fish fences or traps <10% Prohibiting the collection of live corals for the overseas aquarium trade <10% Banning the coral-damaging collection of edible anemones (Actinaria( Actinaria) <10%
6 Advantages of Village fisheries by-laws over Village rules and Government regulations Category Govt. regulation Village rules Village by-laws Legal recognition throughout all community villages limit to sponsoring villages throughout all community villages Monitoring / Enforcement Not effective Very effective Very effective
7 CONCLUSION Success of village bye-laws is related to community ownership. Village bye-laws represents the most important tool in the management and conservation of coastal fishery and marine environment. Village by-laws; a key part of village fisheries management plan. Bye-laws must apply equally to everyone.
8 END OF PRESENTATION
9 Some of harmful fishing practices breaking corals fish poisoning use of explosives use of unregulated fish traps
10 Scene of a typical destroyed island lagoon
11 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community women men Maximum participation Transparent Community leaders
12 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division Community representatives Fisheries Division- better understanding of the draft by-laws consistent with the Fisheries legislation and other main government laws from the technical aspects- -minimum size fish -minimum mesh size of fishing nets, etc
13 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division 3. Final checking and clearance by the Attorney General Make sure that the by-laws are in order and from its legal context Put the by-laws in legal form Make recommendation for approval
14 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division 3. Final checking and clearance by the Attorney General 4. Approval and signing of the by-laws by the Director Least legal document to be- Easily and quickly established; Easily and quickly revoked if the need is not existed.
15 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division 3. Final checking and clearance by the Attorney General 4. Approval and signing of the by-laws by the Director 5. Gazette, publish, and distribution to neighbouring villages by Fisheries Division
16 PROCESS OF ESTABLISHING VILLAGE FISHERIES BY-LAWS 1. Preparation of draft by-laws by the village community 2. Consultation with the Fisheries Division 3. Final checking and clearance by the Attorney General 4. Approval and signing of the by-laws by the Director 5. Gazette, publish, and distribution to neighbouring villages by Fisheries Division 6. Monitoring by village communities
17 END OF PRESENTATION
18 Typical under water scene 10 years past
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