Marine Wildlife Protection Regulations – [2009]

Link to law: http://www.palemene.ws/new/wp-content/uploads/02.Regulations/Regulations%202009/S.R._2009-18_Marine_Wildlife_Protection_Regulations_2009_-_Eng.pdf
Published: 2009

p>MARINE WILDLIFE PROTECTION
REGULATIONS 2009
Arrangement of Provisions

PART I
PRELIMINARY

1. Short title and
commencement
2. Interpretation
3. Application in the Exclusive
Economic Zone

PART II
MARINE MAMMALS

4. Reporting incidents
involving marine mammals
5. Offences against marine
mammals
6. Whale and dolphin watching
and eco-tourism activities

PART III
TURTLES

7. Reporting incidents
involving turtles
8. Offences against turtles
9. Turtle watching and eco-
tourism activities
10. Planning requirements
applying to turtle nesting
areas

PART IV
SHARKS

11. Offences against sharks

PART V
SPECIES WHICH
MIGRATE TO SPAWN

12. Species to which this Part
applies
13. Offences against species
which migrate to spawn

PART VI
SPECIES OF
CONSERVATION CONCERN

14. Designated species of
conservation concern


22 Marine Wildlife Protection Regulations 2009/18
15. Management plans for
species of conservation
concern

PART VII
PERMITS AND SCIENTIFIC
RESEARCH

16. Requirement to obtain a
permit for certain activities
17. Newly discovered species
18. Authorised tagging
operations
19. General procedures applying
to permits and licences
20. Offences in relation to
permits and licences

PART VIII
MISCELLANEOUS

21. General offence provision
22. Offences in relation to the
export of marine wildlife
23. Application of relevant
fisheries regulations

__________


PURSUANT to section 146(2)(s) of the Lands, Surveys and
Environment Act 1989, I, TUI ATUA TUPUA TAMASESE
EFI, Head of State, acting on the advice of Cabinet HEREBY
MAKE the following Regulations:


DATED at Apia this 14th
day of July 2009.



signed: (Tui Atua Tupua Tamasese Efi)
HEAD OF STATE


REGULATIONS

PART I
PRELIMINARY

1. Short title and commencement-(1) These Regulations
may be cited as the Marine Wildlife Protection Regulations
2009.
2009/18 Marine Wildlife Protection Regulations 23

(2) These Regulations shall come into effect on the date
they are signed by the Head of State.

2. Interpretation-(1) In these Regulations, unless the
context otherwise requires:
“the Act” means the Lands, Surveys and Environment Act
1989;
“Chief Executive Officer” means the Chief Executive
Officer of the Ministry of Natural Resources,
Environment and Meteorology;
“the Division of Environment” means the Division of
Environment of the Ministry of Natural Resources,
Environment and Meteorology;
“the Fisheries Division” means the Fisheries Division of
the Ministry of Agriculture;
“harass” includes the doing of any act which:
(a) causes or is likely to cause injury or distress
to any marine wildlife; or
(b) disrupts significantly or is likely to disrupt
significantly the normal behavioural
patterns or movements of any marine
wildlife.
“marine mammal” means any member of the species of the
class mammalia at any stage of its lifecycle, including:
(a) all baleen whales (mysticetes);
(b) all toothed whales (odontocetes); and
(c) all dolphins,
in Samoan waters, including marine mammals which are
migrating through Samoan waters;
“Minister” means the Minister of Natural Resources,
Environment and Meteorology;
“Samoan waters” means all areas of Samoa’s internal
waters, territorial sea, contiguous zone and exclusive
economic zone as defined by the Maritime Zones Act
1999, and includes the seabed and subsoil of the
territorial sea.
24 Marine Wildlife Protection Regulations 2009/18

(2) Where any doubt arises as to whether any particular
marine wildlife falls into the scope of term used in these
regulations, a determination made by the Chief Executive
Officer in this regard shall be conclusive of the matter.

3. Application in the Exclusive Economic Zone - These
Regulations apply to all relevant activities by persons within the
Samoa’s exclusive economic zone as defined by the Maritime
Zones Act 1999.

PART II
MARINE MAMMALS

4. Reporting incidents involving marine mammals-(1)
Any person who accidentally captures, injures or kills a marine
mammal whilst undertaking any fishing activity in Samoan
waters shall report the incident as soon as practicable to:
(a) the Division of Environment; and
(b) the Fisheries Division.
(2) A person who is required to report an incident under
subregulation (1) shall provide such information and
verification of the matters reported as is required by the
Division of Environment and the Fisheries Division.
(3) The Pulenuu of any village at which a marine mammal
is found stranded or in distress shall report the matter as soon as
practicable to the Division of Environment and the Fisheries
Division, and shall take all practicable steps to ensure that the
marine mammal is protected while it is alive.

5. Offences against marine mammals-(1) Any person
who kills, injures or harms a marine mammal in Samoa’s waters
by:
(a) the use of a harpoon, spear, firearm or any other
instrument or thing capable or wounding or
killing a marine mammal;
(b) any deliberate act intended to kill or cause injury to
the marine mammal;
2009/18 Marine Wildlife Protection Regulations 25

(c) any act done without regard for preserving the life or
safety of the marine mammal; or
(d) any act of whatever nature which is unlawful or in
breach of any condition applying by law to the
activities of the person,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
(2) Any person who harasses a marine mammal which has
been stranded or which is found in distress commits an offence
and shall be liable upon conviction to a fine not exceeding
50 penalty units.
(3) Any person who takes or makes use of any part of a
stranded marine mammal without first reporting the matter to
the Division of Environment commits an offence and shall be
liable upon conviction to a fine not exceeding 10 penalty units.
(4) Any person who:
(a) keeps a marine mammal in captivity; or
(b) takes or attempts to take a marine mammal from
Samoan waters for the purpose of keeping it in
captivity,
without a permit authorising the taking and keeping of the
marine mammal issued under these regulations, or any other
permit issued for any lawful purpose related to the conservation,
health or welfare of the marine mammal, commits an offence
and shall be liable upon conviction to a fine not exceeding
50 penalty units.

6. Whale and dolphin watching and eco-tourism
activities-(1) Any tourism or whale watching related activity
conducted for commercial, scientific or any other purpose
within the vicinity of a marine mammal or a recognised marine
mammal habitat must be licensed by the Division of
Environment and shall be undertaken:
(a) in accordance with any condition imposed in relation
to the licence;
(b) in accordance with any Guidelines approved form
time to time by the Minister and published by the
Division of Environment; and
26 Marine Wildlife Protection Regulations 2009/18

(c) so as to not affect the natural migration of marine
mammals through Samoan waters or interfere
with their movement and activities.
(2) A person who does any act in breach of
subregulation (1) commits an offence and shall be liable
upon conviction to a fine not exceeding 50 penalty units.
(3) The Guidelines approved under regulation 6(1)(b) shall
be observed by all boat operators when they are in the vicinity
of a marine mammal.

PART III
TURTLES

7. Reporting incidents involving turtles-(1) Any person
who accidentally captures, injures or kills a marine turtle whilst
undertaking any fishing activity in Samoan waters shall report
the incident as soon as practicable to:
(a) the Division of Environment; and
(b) the Fisheries Division.
(2) A person who is required to report an incident under
subregulation (1) shall provide such information and
verification of the matters reported as is required by the
Division of Environment and the Fisheries Division.
(3) The Pulenuu of any village at which a turtle (other than
a green turtle or hawksbill turtle taken for subsistence purposes)
is killed or held in captivity shall report the matter as soon as
possible to the Division of Environment and the Fisheries
Division, and shall take all practicable steps to ensure that any
such turtle held in captivity is released or kept alive until the
arrival of an officer of the Division of Environment or a
Fisheries Officer.

8. Offences against turtles-(1) Subject to subregulation
(3), any person who:
(a) undertakes any activity related to the commercial
fishing of turtles;
(b) takes, catches or fishes for turtles in the territorial
sea or the exclusive economic zone;
2009/18 Marine Wildlife Protection Regulations 27

(c) takes, catches or fishes for turtles beyond the barrier
reefs of any part of Samoa,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
(2) Subject to subregulation (3), any person who:
(a) fishes for or deliberately takes any marine turtle;
(b) fails to release any turtle which is accidentally
caught or taken;
(c) fails to report the accidental capture of a turtle to the
Division of Environment or the Fisheries
Division;
(d) keeps a turtle in captivity, except under the authority
of a permit for scientific purposes or any other
lawful purpose related to the conservation, health
or welfare of that turtle;
(e) takes a female turtle migrating to egg laying grounds
between the 1st day of November and the last day
of February of each year;
(f) takes a female turtle while laying eggs or which is in
an egg laying ground;
(g) disturbs any turtle eggs;
(h) takes or has in his or her possession any turtle eggs;
(i) sells or purchases any turtle eggs;
(j) interferes with or disturbs any turtle nest; or
(k) exports any turtle shell or other turtle product,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
(3) A person shall not commit an offence against
subregulation (1)(b) or (c) or subregulation (2)(a) if the turtle
taken, caught or fished for is:
(a) a green turtle (Chelonia mydas); or
(b) a hawksbill turtle (Eretmochelys imbricata),
to be used for subsistence purposes and taken in accordance
with any requirement applying under the fisheries legislation in
relation to size, closed seasons or any other matter.

9. Turtle watching and eco-tourism activities-(1) Any
tourism or turtle watching related activity conducted for
commercial, scientific or any other purpose within the vicinity
28 Marine Wildlife Protection Regulations 2009/18

of turtles and their nesting areas must be licensed by the
Division of Environment and shall be undertaken:
(a) in accordance with any condition imposed in relation
to the licence;
(b) in accordance with any Guidelines approved from
time to time by the Minister and published by the
Division of Environment; and
(c) so as to not affect their movement and activities.
(2) A person who does any act or thing in breach of
subregulation (1) commits an offence and shall be liable upon
conviction to a fine not exceeding 50 penalty units.

10. Planning requirements applying to turtle nesting
areas - Where any development requiring a development
approval under any law is proposed in the vicinity of a turtle
nesting area, the assessment of the development shall:
(a) be in accordance with any guidelines relating to the
protection of turtles and their nesting areas,
approved from time to time by the Minister; and
(b) otherwise take account of all potential impacts on the
turtles and their nesting areas.

PART IV
SHARKS

11. Offences against sharks-(1) In this regulation:
“accidentally land” means the act of taking a shark whilst
fishing for any other species of fish; and
“proper purpose” means the use of a shark as food for
humans or animals, as bait for fishing or the production
of any saleable or usable product.
(2) Any person who:
(a) commercially fishes specifically for sharks;
(b) fishes for or takes a shark without intending to
consume it or use it for any proper purpose;
(c) lands any shark fin without the associated carcass;

2009/18 Marine Wildlife Protection Regulations 29

(d) is not licensed under the fisheries laws to take sharks
as a by-catch, and who fails to release any shark
accidentally landed, if the shark is alive at the
time it is landed; or
(e) accidentally lands a shark which dies before its
release, and who does not consume it or use it
for any other proper purpose,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
(3) It shall not be an offence against subregulation (1) if a
shark is killed for the purpose of protecting human life.

PART V
SPECIES WHICH MIGRATE TO SPAWN

12. Species to which this Part applies-(1) This Part
applies to any species of marine wildlife which migrate in
schools to spawn which are determined from time to time by the
Minister and notified by the Chief Executive Officer:
(a) in a newspaper circulating within Samoa;
(b) by any other appropriate means determined by the
Chief Executive Officer; and
(c) by the giving of notice to all persons licensed to fish
in Samoan waters.
(2) The Minister shall ensure that consultations have been
held with the Division of Fisheries before making a
determination under subregulation (1).

13. Offences against species which migrate to spawn -
Any person who:
(a) takes or fishes for any species to which this Part
applies while they are aggregating to spawn;
(b) interferes with or disturbs any species to which this
Part applies during their spawning or breeding
activities;
(c) takes or fishes for any species to which this Part
applies while they are migrating in schools to
their spawning or breeding grounds; or
30 Marine Wildlife Protection Regulations 2009/18

(d) undertakes any scientific research into the
aggregating breeding populations of a species to
which this Part applies without a licence issued
or recognised under these regulations,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.

PART VI
SPECIES OF CONSERVATION CONCERN

14. Designated species of conservation concern-(1) All
endemic species of marine wildlife are species of conservation
concern.
(2) The Minister may, from time to time, designate species
of marine wildlife to be species of conservation concern.
(3) A decision made by the Minister under
subregulation (1) shall be notified by the Chief Executive
Officer:
(a) in a newspaper circulating within Samoa;
(b) by any other appropriate means determined by the
Chief Executive Officer; and
(c) by the giving of notice to all persons licensed to fish
in Samoan waters.

15. Management plans for species of conservation
concern-(1) When making a decision to designate a species of
marine wildlife to be a species of conservation concern under
regulation 14, the Minister shall approve a management plan
applying to the protection and conservation of that species.
(2) A management plan approved under subregulation (1)
shall make provision for any appropriate aspect of the
protection and conservation of the designated species including:
(a) restrictions or prohibitions on fishing for or taking
any wildlife of the designated species, either
generally or in particular locations;
(b) restrictions or prohibitions on the use of any
particular device or means of fishing for or
taking the designated species;
2009/18 Marine Wildlife Protection Regulations 31

(c) restrictions or prohibitions on any development
adversely affecting individuals or populations of
the designated species, or habitat critical to the
survival of the designated species;
(d) restrictions or prohibitions on any operation
adversely affecting individuals or populations of
the designated species, or habitat critical to the
survival of the designated species;
(e) the introduction of measures deemed essential to the
recovery of populations of the designated
species, where that species is identified as being
of conservation concern on the grounds of
declined or declining population numbers;
(f) the introduction of measures deemed essential to the
restoration of habitat critical to the designated
species where that species is identified as being
of conservation concern on the grounds of
habitat loss or degradation;
(g) the designation of protected areas or reserves for the
designated species;
(h) any reporting requirement in relation to the
designated species; and
(i) any other matter necessary for or incidental to the
protection and conservation of a designated
species.
(3) Any person who breaches any requirement, restriction
or prohibition in a management plan approved under this
regulation commits an offence and shall be liable upon
conviction to a fine not exceeding 50 penalty units.

PART VII
PERMITS AND SCIENTIFIC RESEARCH

16. Requirement to obtain a permit for certain
activities-(1) A permit must be obtained prior to any person
undertaking any activity involving:
(a) scientific research into any marine wildlife being -
(i) marine mammals;
(ii) turtles;
32 Marine Wildlife Protection Regulations 2009/18

(iii) sharks;
(iv) species which migrate to spawn as
designated under Part V;
(v) other species of conservation concern
as designated under Part VI; and
(vi) any newly discovered species of
marine wildlife designated under regulation
17;
(b) keeping in captivity any marine mammal, turtle or
species of conservation concern designated under
Part VI;
(c) the capture and display of any marine wildlife for
tourism or scientific purposes;
(d) the taking of any part of a stranded marine mammal;
(e) the taking of any marine wildlife for the marine
aquarium trade;
(f) commercial diving tours and other tourism operations
affecting marine wildlife and the marine habitat;
(g) the export of any marine wildlife, or product of
marine wildlife, as provided for by the
Convention on International Trade in
Endangered Species (CITES) 1973; or
(h) the export of any sample of marine wildlife collected
during any scientific research,
PROVIDED THAT no permit shall authorise the use of
methodologies of scientific research into marine mammals or
turtles which result in the death of any member of these species.
(2) A permit, licence or authorisation issued or given under
the fisheries legislation may be deemed to be sufficient
authorisation for any activity under this regulation if the Chief
Executive Officer considers that the conditions applying to the
permit, licence or authorisation are adequate for the protection
of the species of marine wildlife concerned.
(3) Where a permit, licence or authorisation has been issued
or given under the fisheries legislation authorising any activity
which requires a permit under this Regulation:
(a) the Chief Executive Officer may request the Division
of Fisheries for the imposition of any additional
condition on the permit, licence or authorisation
2009/18 Marine Wildlife Protection Regulations 33

to ensure the protection and conservation of the
marine wildlife concerned; or
(b) require that an additional permit be obtained under
these Regulations,
if it is considered that the conditions applying to the permit,
licence or authorisation issued or given under the fisheries
legislation are not sufficient to ensure the conservation and
protection of the relevant marine wildlife.

17. Newly discovered species-(1) This regulation applies
to any species of marine wildlife which has been recently
discovered in Samoan waters and which is designated by the
Minister to be a newly discovered species.
(2) A decision made by the Minister under
subregulation (1) shall be notified by the Chief Executive
Officer:
(a) in a newspaper circulating within Samoa;
(b) by any other appropriate means determined by the
Chief Executive Officer; and
(c) by the giving of notice to all persons licensed to fish
in Samoan waters.
(3) Any person who:
(a) harvests or takes any newly discovered species
without a permit issued under or recognised by
these Regulations; or
(b) undertakes any scientific research into a newly
discovered species without a permit issued under
or recognised by these Regulations,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.

18. Authorised tagging operations-(1) This regulation
applies to any activity undertaken by the Division of
Environment in which marine wildlife are tagged for the
purpose of any scientific study.
(2) The Minister may impose any condition applying to
tagging operations to which this regulation applies which:
(a) limit the right to remove tags;
(b) prohibit the sale of any tagged marine wildlife;
34 Marine Wildlife Protection Regulations 2009/18

(c) require the reporting of any matter upon the taking
or finding a tagged marine wildlife;
(d) require the release and reporting of any tagged
marine wildlife taken or found; or
(e) otherwise facilitate the scientific research being
undertaken in connection with the tagging
operations.
(3) Conditions imposed under subregulation (2) shall be
notified by the Chief Executive Officer:
(a) in a newspaper circulating within Samoa;
(b) by any other appropriate means determined by the
Chief Executive Officer;
(c) by the giving of notice to all persons licensed to fish
in Samoan waters; and
(d) by the placing of any sign at any place in the vicinity
of the tagging operations.
(4) Any person who:
(a) removes any tag from tagged marine wildlife in
breach of a condition imposed under
subregulation (2);
(b) sells any marine wildlife that is or has been tagged,
and which may not be sold;
(c) fails to release any tagged wildlife that is caught and
required to be released, if the tagged animal is
alive; or
(d) fails to report the taking of any tagged wildlife,
together with the particulars which are required
to be given,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.
(5) The Pulenuu of any village at which a tagged animal is
caught, stranded or found shall report the matter to the Division
of Environment and the Fisheries Division as soon as
practicable.

19. General procedures applying to permits and
licences-(1) Applications for a permit or licence required under
these regulations shall be made to the Chief Executive Officer
2009/18 Marine Wildlife Protection Regulations 35

and shall contain such information as is required by the Chief
Executive Officer.
(2) The fee for all licences and permits shall be $500 and
the Chief Executive officer shall have the power to:
(a) exempt any licence or permit from the fee if the
work to be undertaken is done for or for the
benefit of the Division of Environment;
(b) impose any additional fee set by the Chief Executive
Officer for -
(i) any necessary inspection;
(ii) any monitoring of an approved
activity; and
(iii) the placing of any observers in
relation to an approved activity.
(3) The Minister may:
(a) refuse an application on any ground associated with
the protection and conservation of marine
wildlife;
(b) grant an application and authorise the issue of a
permit or licence; and
(c) impose any conditions on the permit or licence,
including those relating to -
(i) the duration of a permit or licence;
(ii) any matter which shall result in the
early termination of the permit or licence;
(iii) any aspect of the protection and
conservation of the relevant marine wildlife;
and
(d) impose any additional conditions during the currency
of a permit or licence so as to ensure the
protection and conservation of marine wildlife.

20. Offences in relation to permits and licences - Any
person who:
(a) undertakes any activity which is required to have a
permit or licence under these regulations, while
no such permit has been issued or is in force;
(b) breaches any condition imposed in relation to a
permit or licence issued under these regulations;
36 Marine Wildlife Protection Regulations 2009/18

(c) breaches any additional condition imposed under
regulation 16(3); or
(d) uses any methodology in scientific research or other
permitted activity which leads to the death or
injury of the marine wildlife,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.

PART VIII
MISCELLANEOUS

21. General offence provision - Any person who breaches
any requirement of these regulations for which no penalty is
specifically provided commits an offence and shall be liable
upon conviction to a fine not exceeding 20 penalty units.

22. Offences in relation to the export of marine
wildlife - Any person who exports marine wildlife:
(a) without an approval given under these regulations;
or
(b) in breach of any provision or requirement of the
Convention on International Trade in
Endangered Species (CITES) 1973,
commits an offence and shall be liable upon conviction to a fine
not exceeding 50 penalty units.

23. Application of relevant fisheries regulations-(1)
These regulations supplement any regulation made under
fisheries legislation protecting any part of the fisheries resource
of Samoa, and do not affect the validity of any such regulation
in any way.
(2) Where any act or activity gives rise to a breach of these
regulations and any regulation made under the fisheries
legislation, officers of the Division of Environment and the
Fisheries Division may determine that proceedings shall be
taken under either of the regulations, and shall collaborate in
relation to the taking of the proceedings.
2009/18 Marine Wildlife Protection Regulations 37

(3) Where proceedings have been commenced in relation to
breaches arising from an act or activity under both these
regulations and a regulation made under fisheries legislation,
officers of the Division of Environment and the Fisheries
Division shall determine which proceedings shall continue and
which shall be withdrawn.


_________

Issued under the authority of the Regulations Ordinance 1953.
Date of Commencement: 14th
July 2009
These Regulations are administered by the Ministry of Natural
Resources and Environment.
Copies of these Regulations can be purchased from the Office of
the Clerk of the Legislative Assembly.
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