Kiribati

7. Prohibited Fishing Methods and Gears. (1) In addition to the destructive fishing methods prohibited under section 21(1)(a) of the Act, and pursuant to subsection 21(2) of the Act, the following fishing methods and gears are hereby prohibited: ... (i) use of SCUBA and hookah gear, except when used to harvest aquarium fish for export and research purposes; (j) dredging and trawling; (k) fishing using any remote control device; (l) spearfishing at night using any torch, spotlight or light except for subsistence fishing purposes. (2) A person who permit to be used, use or attempt to use the fishing methods or gears prohibited under sub regulation (1) commits an offence and is liable upon conviction to a fine not exceeding $10,000.00 and in default imprisonment for a period not exceeding 2,5 months or both.

9. Size Limits for certain species. (1) No person shall fish, sell, export, purchase, receive or have in his or her possession, offer or buy for sale or consignment to another person for the purpose of export or sale, any fish below the minimum size specified in Schedule 1 for the respective species. [Schedule 1 minimum sizes include: Bonefish (Albula glossodonta / Ikarii) 30 cm minimum fork length, closed three (3) days before and three (3) days after full moon; Silver biddy 15 cm; Napoleon Humphead wrasse (Cheilinus undulatus / Karon) 65 cm minimum total length; Spangled emperor (Lethrinus nebulosus / Morikoi) 55 cm; Humpback Red snapper (Lutjanus gibbus) 25 cm; Mullet 35 cm; Goatfish 20 cm; Flying fish 20 cm; Giant clam (Tridacna gigas / Kima) total ban; Rock lobster minimum carapace length 8.5 cm.]

13. Seasonal and Area Closure. (1) A person must not fish for any of the species listed in Schedule 1 during the respective closed season or at the specified closed areas. (2) A person who contravenes sub-regulation (1) commits an offence and is liable on conviction to a fine not exceeding $5,000.00 and in default imprisonment for a period not exceeding 6 months or both.

14. Reserved Fishing Zone. (1) Fishing for commercial purposes in Kiribati coastal waters shall be reserved for local fishing vessels in accordance with the Act and these Regulations. (2) Nothing in sub-regulation (1) shall be construed as affecting existing fishing rights under any treaty or other agreement to which Kiribati is a party. (3) Recreational fishing in Kiribati coastal waters is regulated in accordance with section 148 of the Act. (4) Fishing for scientific purposes in Kiribati coastal waters is regulated in accordance with section 16 of the Act.

21 Other destructive fishing methods. (1) A person must not: (a) permit to be used, use or attempt to use any explosive, or any poison or other noxious substance for the purpose of killing, stunning, disabling or catching fish or in any way rendering fish more easily caught; or (b) carry or have in his or her possession or control any explosive, poison or other noxious substance in circumstances indicating an intention to use the substance for a purpose mentioned in paragraph (a); or (c) take, or attempt to take, fish by a prescribed method. (2) For subsection (1)(c), the regulations may prescribe methods that cause unnecessary damage to the marine environment or to stocks of fish. (3) A person who contravenes subsection (1) is liable on conviction to a fine of $100 000 and to imprisonment for 2 years.

4. Kiribati Shark Sanctuary. (1) The Kiribati Shark Sanctuary is hereby established. (2) The Kiribati Shark Sanctuary comprises all Kiribati waters. 5. Shark fishing prohibited. (1) A person must not, in the Kiribati Shark Sanctuary; (a) catch, capture or kill a shark; (b) engage in fishing for shark; or (c) remove a shark fin from, or otherwise mutilate or injure, a shark. (2) It is a defence to a prosecution under subsection (1)(a) if the defendant proves that the shark was; (a) caught or captured inadvertently; and (b) immediately released into the water, whether dead or alive.