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Is Blue Boats Penalty defying Fisheries Act?

THE penalties handed down by the Magistrate of Solomon Islands on the Vietnamese Blue Boats found fishing illegally in Solomon Islands water has raised more questions not only on ordinary Solomon Islanders, but also on the power of the Ministry of Fisheries and Marine Resource.

Last week the Magistrate Court ordered the forty three Vietnamese Fishermen to pay a fine of USD100 each before May 1st 2017.

The total penalties will be worth USD4, 300, approximately SBD32, 800.00 – an amount described as very cheap if the Fisheries and Management Act 2015 Regulation and Penalties are fully enforced.

Speaking in Parliament earlier this Month, Minister of Fisheries and Marine Resources Hon John Maneniaru said the Vietnamese Fishermen have committed five offences under the Fisheries and Management Act 2015.

He told parliament that the offences include;

Illegal entry into Solomon Islands EEZ without permission from the Ministry of Fisheries and Marine Resources. This offence is liable to a fine not exceeding SBD12, 000,000.00 (12m) or except as provided under section 103 of the Fisheries Management Act and Imprisonment of non-nationals is not exceeding five years.

Secondly, Illegal fishing within Solomon Islands EEZ without license, penalty is a fine not exceeding SBD5,000,000.00 or imprisonment to attempt not exceeding five years.

Thirdly, possession of illegal fishing gears that are prohibited for fishing within Solomon Islands EEZ and territorial waters. Penalties, fine not exceeding SBD5,000,000.00 and imprisonment to attempt not exceeding three years.

Fourthly, illegal use of scuba and under water apparatuses to harvest beach-de-mar in the Solomon Islands waters. Penalties as highlighted under Fishing Regulatory 25(1) is SBD50,000.00.

And, fifth; illegal harvesting of Beach-de-mer which is banned under Regulation 13(a) LN33-2009 with penalties worth SBD100,000.00.

Minister Maneniaru said the Blue boats have directly breached Section 43, 44 of the Fisheries Management Act 2015.

He adds that the Blue Fishing boats also breached Section26, subsection 1&2 of the Fisheries Management Act 2015 which highlights that possession of illegal fishing gears such as scuba diving gears and fishing nets which are prohibited to use in Solomon Islands Territorial waters.

Minister Maneniaru said activities carried out by the blue fishing boats using the underwater fishing apparatus as a means to fish is prohibited as well in the Solomon Islands EEZ, this is also an offence.

He told parliament that Ministry of Fisheries and Marine Resources has decided upon a penalty fine of SBD12, 000,000.00 or SBD35,32,875,000.00 Vietnamese Dollar for each boat to execute the penalties identified under the Regulation and Penalties of the Ministry of Fisheries and Marine Resources Act 2015.

Minister Maneniaru said the penalties were drawn up after consultations were held between the Director of Fisheries the Attorney General’s Office and the Director of Public Prosecution.

It is logical that the penalties should be much higher if the law of Fisheries and Management Act 2015 fully enforced against these fish poachers, however decision has been made and the forty threes crews are smiling with the light penalty hoping to see their homes around mid-this year.