Fiji’s New Fisheries Law

By Tomasi Tuitoga, Ruth Garry and Damian Kelly

Fiji’s Fisheries (Amendment) Act 2025 (“Act”), which was passed on 6 November 2025, marks the most aggressive modernisation of the nation’s marine enforcement in decades. By amending the colonial-era Fisheries Act of 1941 (Cap. 158), the new laws fundamentally shift Fiji’s strategy from a passive, post-crime judicial model to an active, immediate, and officer-led enforcement doctrine.

While Fiji’s Coalition government championed the Act as an essential tool to save the $500m+ industry from collapse, the parliamentary debate exposed deep concerns over the new powers and their potential impact on traditional fishing rights owners.

The law has yet to commence, and will commence once a gazette notice including date of commencement has been published – so now is a good time to get across the reforms before they commence.

Core Legal Changes: From 1941 to 2025

The Coalition government’s primary argument was that the 1941 Act was "obsolete". Its enforcement powers were almost exclusively limited to boarding vessels at sea, failing to capture illegal activities conducted on land. They require a formal court conviction to penalise offenders, a process that was slow, costly and ineffective against the transnational nature of illegal fishing.

The new Act establishes new powers to fix this:

Vastly Expanded Search and Seizure

The old law’s (section 7) powers were largely restricted to stopping, boarding, and searching vessels suspected of illegal fishing. The amended section now authorises officers (fisheries, police, and customs) to enter and search land-based premises. While the Act broadly defines this as "any premises," in practice, this covers markets, processing factories, restaurants, shops, vehicles, or dwelling houses if the authorised officer has "reasonable suspicion" that illegally caught fish or banned gear is hidden there. This gives the Ministry the power to follow the supply chain from the reef to the restaurant.

Immediate Administrative Penalties

Under the old law, the power to cancel a fishing license rested almost exclusively with the Courts, which could only act after an offender was formally convicted of a breach. The amendments now give power to the Permanent Secretary for Fisheries (PS). The PS can immediately suspend or cancel a license for a breach of conditions or non-payment of fees, without a prior conviction. This allows the PS to instantly stop an entity from operating.

A New Tiered Penalty System

The 1941 Act's penalties (e.g., $500 fines, 3 months in prison) were too low to deter commercial poachers. The new Act introduces a modern, two-tier system:

• Fixed Penalty Notices: For minor offences, officers can issue "on-the-spot fines" (similar to a traffic ticket), reportedly for sums up to $1,000. It is designed for high-volume, low-cost deterrence.

•  Tougher Major Offences: The Act introduces much larger penalties for serious breaches. For example, obstructing an authorised officer now carries a fine of up to $20,000 for an individual and $50,000 for a company.

The Parliamentary Debate: A Clash Over Qoliqoli

Qoliqoli are traditional fishing grounds that exist due to the operation of longstanding custom and are important to indigenous communities across Fiji. The Act fails to enshrine qoliqoli, and this lapse was present in the parliamentary debate which did not not focus on whether to protect Fiji's fisheries, but how to protect marine environments from illegal fishing. The Opposition did not oppose the Act's intent but strongly condemned the Coalition government’s perceived lack of consultation.

The Minister for Fisheries, Alitia Bainivalu, stated that the Act protects the 850 coastal communities.[1] However, Opposition Member Jone Usamate argued that the new powers could disproportionately punish landowners who are not full-time fishermen but catch fish now and then to sell.[2] Opposition Leader Inia Seruiratu focused his concerns on the lack of consultation and the severity of the penalty clauses for resource owners.[3]

The Coalition government's Minister for Fisheries, Alitia Bainivalu, forcefully defended the Act as a crucial measure needed to stop unsustainable harvesting and exploitation.[4]

Bainivalu directly addressed the consultation concerns by making a key promise that this amendment is just a stopgap. The Minister revealed that a "full, comprehensive review of the entire Fisheries Act" and a "replacement Act" is already drafted and is with the Solicitor-General's office.  The Minister assured Parliament that this larger Act would be taken out for full national consultation.[5]

She also clarified that the new law professionalises enforcement by removing the "honorary" title from fish wardens, paving the way for them to be paid and trained to patrol their own community's qoliqoli, thereby empowering, not penalising, local resource owners.

The New 'Checks and Balances'

To balance the new executive powers, the Act introduces a formal administrative appeal.

Any person aggrieved by a decision of the PS, such as a license refusal or suspension, now has the right to appeal to the Minister within 30 days of the decision. The Act states that the Minister’s decision on the appeal is final.

“Flaws”

Some argue that the new enforcement framework suffers from some constitutional and procedural flaws. It reverses the presumption of innocence by allowing penalties without judicial conviction, consolidates decision-making and appeals within the same political office, and attempts to shield executive action from judicial scrutiny through an ouster clause.

Conclusion

In summary, the Act equips Fiji with a modern legal arsenal, giving it the speed and power to act decisively. However, its success will depend on its implementation and whether the government fulfils its promise to consult on the broader reforms to come.

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[1] Fiji Parl Deb 6 November 2025, 2293

[2] Fiji Parl Deb 6 November 2025, 2298

[3] Fiji Parl Deb 6 November 2025, 2296–97

[4] Fiji Parl Deb 6 November 2025, 2293

[5] Nikhil Aiyush Kumar, ‘Parliament passes Fisheries Amendment Act’ FBC News (Suva, 7 November 2025) https://www.fbcnews.com.fj/news/parliament-passes-fisheries-amendment-Act/ accessed 1 December 2025