Parliament has passed the Fisheries Management Bill which gives authorised officers clear powers to search land premises, including markets or processing facilities where illegal fish might be sold.
While speaking on the Bill, Fisheries Minister, Alitia Bainivalu says currently the Ministry can only cancel a licence after someone is convicted in court however the new law allows the Ministry to suspend or cancel a licence for specific breaches once it is committed.
Bainivalu says the Bill is also crucial for protecting the food and income of the 850 coastal communities that depend on these resources.
She says the Bill removes the word honorary from honorary fish wardens, and this change allows the Ministry to move towards remunerating the wardens to a training facility to patrol their own traditional fishing grounds.
Bainivalu says by paying them, the Bill makes them more effective at combating illegal fishing activities and protecting their community's own livelihood from poachers.
She stresses the Bill's purpose is to stop unsustainable harvesting practices and exploitation.
The Minister for Fisheries says for resource owners and local communities, this means protecting their source of food security and livelihoods.
The Bill also sets higher penalties and, importantly, creates separate penalties for individuals versus companies.
This means a large commercial operator that breaks or commits a breach will face a much larger fine, up to $50,000, than a local individual, making the penalties more balanced.
Under the Bill, any person who refuses to permit an authorised officer to enter a premises or board a vessel or craft engaged in taking fish or obstructs or hinders the authorised officer in the course of entry or boarding or in the course of otherwise executing his or her duties commits an offence and is liable on conviction to — in the case of a natural person, a fine not exceeding $20,000 or imprisonment for a term not exceeding 3 months or both; or in the case of a body corporate, a fine not exceeding $50,000.
Bainivalu says the Bill updates an 80-year-old law to give the government and local communities the power to properly manage and protect fisheries, ensuring there are fish for both food and income for the future.
She says the authorised officers also can keep their power to board and search any fishing vessel or other boat they suspect is involved in illegal fishing.
Authorised officers, including fisheries officers, police officers or customs officers, can stop anyone and require them to produce their fishing licence, their fishing gear and their entire catch.
The officers are also given clear powers to detain people who are suspected of committing an offence.
They can also detain the person's vessel, fishing gear and catch while the case is being investigated.
Opposition MP and former Minister for Fisheries Semi Koroilavesau has raised concerns that the Bill does not provide any special concessions to resource owners holding licence and fish in their own traditional qoliqoli areas.
While opposing the Bill, Koroilavesau says it will penalise the resource owners if they carry out any illegal activities within the qoliqoli.
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He says he is also surprised that the Bill does not cover his contribution as the previous Minister of Fisheries where he visited all the islands in Fiji and the work carried out by the Ministry of Fisheries from 2017 to 2022.
Koroilavesau is urging the government to pull this Bill back and resource owners be compensated for the resources that they are losing.
Deputy Prime Minister and Minister for Tourism Viliame Gavoka says it is important for the growth of the tourism industry that we preserve the marine life in coastal areas.
Gavoka says they also want to see a lot more marine protected areas.
He adds the Bill also provides for better ownership for our people where they cannot abuse the fishing areas.
The Deputy Prime Minister is also urging people to get fishing licences so that they become legitimate and the Government can help them.
Opposition Leader, Inia Seruiratu says if we can't influence it, then we don't own it, just like our Exclusive Economic Zone.
Seruiratu says most of the boats and the engines are coming from the Ministry of Fisheries rather than if we can sustain and resource our own activities, then we can be in a better position to police our own.
He says we need to empower the wardens.
Seruiratu says there are some issues and we need to approach this very carefully.
He says there are benefits in it, but let's be aware of it because it will affect a lot of people, make it difficult for the iTaukei administration.
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Opposition MP, Jone Usamate says high penalties should be for illegal fishers who come into areas that they should not be in and fisheries officers should be allowed to investigate them.
He has however raised concerns that the Bill does not provide an exemption for landowners who are not full-time fishermen, but they catch fish every now and then and sell it.
He says he has looked at all the various parties that have the authority to issue these penalties and stresses the Ministry will lose control of what they do.
Usamate says this also provides an opportunity for bribery.
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