East Rennell World Heritage Site Management Plan

January 2007

East Rennell World Heritage Trust Board Solomon Islands

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Prepared By: Laurie Wein In partnership with the East Rennell World Heritage Trust Board and East Rennell communities and on behalf of the Solomon Islands National Commission for UNESCO. For more information, please contact:

East Rennell World Heritage Trust Board c/o Solomon Islands National Commission for UNESCO

Department of Education and Human Resource Development P.O. Box G28 Honiara, Solomon Islands Telephone: (677) 25027 Fax: (677) 22042

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It is with great pleasure that we endorse the East Rennell World Heritage Site Management Plan that will act as a guiding document for East Rennell communities, Rennell-Bellona provincial government, Solomon Islands national government and their partners in the sustainable management of the natural resources of East Rennell. There have been major challenges faced by all stakeholders in the preparation of this document, not least of which were those associated with the “tension” years of Solomon Islands in the recent past. Today, with Solomon Islands on the road to recovery from this troubled period, there is renewed energy at both the community and government levels for the implementation of this management plan. This document is an achievement that East Rennell communities can be proud of. To us, this document is not the end of a journey, but merely a beginning. It does not provide absolutes or “rules” that East Rennell communities must follow in managing their resources, but instead outlines a way forward to deal with the many challenges facing rural communities and governments in Solomon Islands. It offers workable ways to support sustainable economic development and to maintain the natural and outstanding universal values of the World Heritage site. It is our hope that this document can form the basis of sustainable economic and environmental development and ensure the future viability of the East Rennell ecosystems that are the land, livelihood and lifeblood of the East Rennell people. We expect that in the coming years this document will be reviewed and revised to meet changing circumstances, that both customary and scientific methods for sustainable management of the site can be strengthened, and that our communities and partners can work together to promote the development of sustainable tourism and the strengthening of East Rennell cultural traditions. We are enthusiastic about the leading role that East Rennell communities will play in these processes. _________________________________ Mr. Greg M. Tai’eha Chairman East Rennell World Heritage Trust Board ________________________________ Hon. Robert Pongi Provincial Secretary Rennell-Bellona Province __________________________________ Mr. Aseri Yalangono Deputy Secretary General Solomon Islands National Commission for UNESCO

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Table of Contents Acronyms.........................................................................................................5 Acknowledgements:.........................................................................................6 1.0 Introduction ...........................................................................................7 2.0 Vision ....................................................................................................8 3.0 Objectives for Management ..................................................................9 4.0 Management Authority ........................................................................10 5.0 Background to the Site ........................................................................11

5.1 Location.............................................................................................11 5.2 Climate ..............................................................................................11 5.3 People ...............................................................................................12 5.4 Natural Values...................................................................................12

5.4.1 Flora.............................................................................................12 5.4.2 Fauna...........................................................................................13

5.5 Cultural Values ..................................................................................14 5.6 Resource Use patterns......................................................................14

5.6.1 Customary Practices ....................................................................16 5.7 Conservation Status and Legislation .................................................17

6.0 Threats to Natural Values....................................................................18 7.0 Management of the Site ......................................................................19

7.1 Management Actions for Lake Resources........................................19 7.2 Management Actions for Land and Forest Resources......................19 7.3 Management Actions for Marine and Coastal Resources.................20 7.4 Additional Management Actions .......................................................20 7.5 Community Awareness and Training................................................21 7.6 Administration and Enforcement.......................................................21

8.0 References..........................................................................................23 9.0 Annexes.................................................................................................24

9.1 East Rennell Community Action Plan for Resource Management: Basis for Management Plan ..............................................................24

9.2 Provincial legislation appropriate for community-managed protection of natural resources under customary ownership: Western Province Resource Management Ordinance 1994...........................................31

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Acronyms CoC Council of Chiefs DFEC Department of Forestry, Conservation and Environment DTC Department of Tourism and Culture ERWHTB East Rennell World Heritage Trust Board MPAs Marine Protected Areas NGO Non Governmental Organization NZAid New Zealand’s International Aid and Development Agency PRA Participatory Rural Appraisal SDA Seventh Day Adventist SSEC South Seas Evangelical Church TDA Tetepare Descendants’ Association VSA Volunteer Sending Agency

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Acknowledgements: A special thank you goes to all the people of the communities of East Rennell who contributed to the development of this document. It is through their stewardship that East Rennell’s outstanding universal values will be managed sustainably for future generations. In particular from ERWHTB: Chairman Greg Tai’eha, Vice Chairman Stuart Tahua, Evan Moana, Reuben Teho, Mana Teikanoa, Fred Temoa, Daniel Kaitu’u, Jeffrey Pongi, John Teika. From Hutuna Village: John Puia, Member of Rennell-Bellona Provincial Assembly Ward 1 William Kaunga, Eric Soaika, Ronny Puia, Kathleen Martin, Melta Puia, Stanley Pongi and community members. From Tegano Village: Frank Tino, Martin Tema, John Haueke and community members. From Niupani Village: Chief Gordon Tahua, Pastor Michael Mana, Job Tipaika, Rose Teahe and community members. From Tebaitahe Village: Chief George Taigoa, Jack Tainapu, Charles Hati and community members. Thanks are also extended to Paramount Chief Newman Tegata, Hon. Member Seth Gukuna, Chief Joses Tahua, Provincial Secretary Robert Pongi, Deputy Provincial Secretary Reuben Ngiumoana, Member of Rennell Bellona Provincial Assembly Ward 2 Lence Tago, Ashley Teika, Randy Hatigeva, Charles Tautai, Joshua Gibauika and others. The East Rennell communities were supported in the development of this management plan by UNESCO’s National Commission of Solomon Islands within the Department of Education and Human Resources Management, Tetepare Descendants’ Association, and the Department of Tourism and Culture. Of special note are the contributions of Aseri Yalangono of the Solomon Islands National Commission for UNESCO, Mark Ligo of the Department of Culture and Tourism, and Tetepare Descendants’ Association representatives Allan Tippet Bero, Mary Bea, Jack Daniel, Matthew Suka and Jeanine D’Antonio. The development of the plan follows closely along the Resource Management Objectives and Guidelines for East Rennell, Solomon Islands prepared by Dr. Elspeth Wingham and East Rennell communities in 1998. UNESCO’s World Heritage Fund provided financial support for the development of this management plan.

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1.0 Introduction This document has been prepared by the communities of East Rennell through participatory processes in late November and December 2006. East Rennell World Heritage Trust Board (ERWHTB), the East Rennell Council of Chiefs (CoC), community leaders and landowners participated in a series of community meetings and workshops using Participatory Rural Appraisal (PRA) methodology. It was also informed by earlier conservation and resource management planning and awareness programmes supported by UNESCO and New Zealand’s Overseas Development Agency undertaken in partnership with East Rennell communities in the late 1990s. This management plan provides a general framework for natural resource management in East Rennell based largely on traditional practices and current community-based resource management practices in Solomon Islands. It outlines a plan of action that will assist local communities to address current challenges they are experiencing with respect to the sustainable management of their natural resources. The document is intended to be used by the community members and their umbrella organization ERWHTB and the East Rennell CoC. To this end, it is intended to be simple in the management actions that it outlines and it takes its starting point from what the East Rennell communities themselves perceive to be their greatest resource management threats. The action plan developed by community members is included as reference in the appendices so that ERWHTB can refer back to these priorities, and to demonstrate to other partners the starting point of the management actions developed. This plan acts as a guiding document to potential partners that wish to engage with ERWHTB and the communities in natural resource management of the East Rennell World Heritage Site, whether these are provincial and national governments, NGOs and/or the conservation community and donors. The need for a management plan for East Rennell World Heritage Site was first noted by UNESCO in 1998, when the site was inscribed on UNESCO’s World Heritage list. At that time a document entitled Resource Management Objectives and Guidelines for East Rennell World Heritage Site was prepared by the communities in partnership with New Zealand’s Overseas Development Agency that laid the foundations for this plan. The “tension” years of the Solomon Islands effectively ended this programme of work at the site, and communication between the key national government departments and UNESCO ceased. In 2005, a UNESCO team visited East Rennell to assess progress made by Solomon Islands government to meet the requirements of preparing a management plan and putting in place legislation to protect the site, and to re-establish communications with the Solomon Islands government. The team’s report from this visit outlined a number of recommendations, including that the Solomon Islands government and the East Rennell people move forward with the development of the management plan now that the political situation is

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Solomon Islands is once again stable. This plan is in response to this recommendation. It should be noted that this management plan can only be implemented through the will of the East Rennell communities and their provincial and national government representatives. It also requires the availability of technical and financial resources, something which has been a challenge for both East Rennell communities and their government partners. With Solomon Islands’ on the road to political stability and economic recovery, there is now a window of opportunity to find these resources and to implement this plan. More importantly, there is renewed optimism on behalf of the East Rennell communities to support its implementation, in large part due to their knowledge of communities elsewhere in Solomon Islands which have developed similar community-based resource management programmes. This plan is supported by the development of a proposal to seek technical and financial support for its implementation. ERWHTB has sought technical support from a Volunteer Sending Agency (VSA), which is currently recruiting for technical advisors to be placed in East Rennell over the next two years, and is exploring possibilities for future long term partnerships with other organizations. This document is not the final word on resource management in East Rennell. Like all management plans it is a living document that should be reviewed on a regular basis and revised to meet the changing circumstances of the site and of the communities living within it to ensure the sustainable management of the natural resources of East Rennell. The reviews of this plan should be designed to be appropriate to the cultural context of the East Rennell people. These reviews should be led by the East Rennell communities themselves through the ERWHTB and involve the participation of their partners, including provincial and national government representatives and others, where appropriate. 2.0 Vision The vision statement describes a desired future for East Rennell World Heritage Site over the coming decade and beyond. It is meant to be inspirational and to help focus planning and programme development in East Rennell as well as to guide the management of natural and cultural resources of the site:

“The ecosystems that support the life and livelihood of the East Rennell people, and the outstanding universal values of the East Rennell World Heritage site, are safeguarded and sustainably managed for both the environmental and economic benefit of the East Rennell people and future generations.”

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3.0 Objectives for Management

• Ecological processes of East Rennell are protected to ensure the health of viable ecosystems that can continue to support the outstanding universal natural values of the site.

• Sustainable management of lake, forest/land and marine resources is encouraged with a view to ensuring food security for East Rennell communities and future generations.

• Community members take active and leading roles in the management and monitoring of the World Heritage site and play leading roles in natural resource management programmes.

• Customary ownership of East Rennell site is respected and East Rennell people are supported to strengthen their customary management practices and to explore old and new methods of sustainable resource management. Both traditional knowledge and scientific methodology are used to provide for the effective management of the site.

• Cultural resources are cared for by ERWHTB and CoC. Respect for cultural resources is shared throughout East Rennell communities and with others in Solomon Islands, including governments and visitors.

• Educators in East Rennell, including school and church leaders, will include East Rennell World Heritage Site in their teachings. Materials that foster respect for nature and support actions that protect the site’s ecological and cultural integrity will be promoted.

• East Rennell communities will be supported to develop their capacity in sustainable management of priority resources and to develop collaborative partnerships and better communication with resource owners, resource users and resource managers - including government, NGO, community and commercial sectors.

• East Rennell communities will be supported to access training opportunities and appropriate skills development for the sustainable management of natural resources.

• East Rennell people will be given preference in any training, employment and leadership opportunities to manage and develop the East Rennell World Heritage Site.

• Information between ERWHTB, CoC, partners and community members will be shared so that all community members can benefit from an increased understanding of the importance of sustainable resource management.

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4.0 Management Authority ERWHTB is a community-based organization tasked with the administration and management of the site. Its former incantation was the East Rennell Environment and Conservation Trust Board, but the communities and their representatives wanted the objectives of the association to be broader than conservation and sustainable resource management. They are now revising their constitution in order to include cultural strengthening and support for income generation programmes for communities in their objectives. The ERWHTB has agreed that in order to be more representative of the communities it represents, that women must be appointed to leadership positions within it. The ERWHTB works in close collaboration with the East Rennell Council of Chiefs (CoC), who are the traditional leaders of the communities. As East Rennell is a patriarchal society with land being bestowed through the male line, the CoC is composed of male chiefs only. In contrast, the ERWHTB is an elected body and can have both men and women appointed to it. Broadly the objectives of the ERWHTB are:

• To ensure the sustainable management of lake, land and forest, and marine resources of East Rennell.

• To manage the East Rennell World Heritage Site in such a manner that its unique natural values are maintained and to ensure that the site continues to be of “outstanding universal value” to the international community.

• To encourage sustainable tourism to East Rennell that respects the natural values of the area and promotes cultural traditions of East Rennell communities.

• To support sustainable economic development of East Rennell and provide community members with opportunities to benefit from the sustainable management of their natural and cultural resources.

• To provide awareness programmes that increase understanding of the importance of sustainable natural resource management of natural resources.

• To provide educational opportunities to East Rennell communities around natural resource management, conservation and cultural strengthening.

• To strengthen cultural traditions of East Rennell by documenting, educating and promoting these locally, nationally, and internationally.

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5.0 Background to the Site 5.1 Location

Fig 1: Location of East Rennell World Heritage Site.

Rennell Island is part of Rennell-Bellona province in Solomon Islands, which lies 250 km south of Guadalcanal and the capital of Honiara (11°39'-11°43' S, 160°18'-160°20' E). The largest coral atoll in the world, Rennell Island is 86km in length and 10km at its widest point. The entire island covers an area of 87,500 ha. East Rennell World Heritage Site consists of approximately one-third of Rennell Island (Fig. 1), covering an area of 37,000ha; including a marine area that stretches 3 nautical miles out to sea. The crowning jewel of the site is Lake Tegano, a brackish freshwater lake which developed from a former lagoon. Covering 15,500 ha, Lake Tegano is the largest lake in the insular Pacific.

The East Rennell World Heritage Site was inscribed on UNESCO’s World Heritage List on December 5, 1998. 5.2 Climate The climate of Rennell-Bellona is typical of the Solomon Islands and of tropical climates more generally, with uniform temperatures year round (ranging from 22.7°C to 32.2°C) and high humidity. Annual rainfall ranges from 3,000mm to 4,000mm with a marked dry period from May to June. It is

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also within the cyclone belt of Solomon Islands and experiences cyclones more frequently than other areas of the country. The most severe cyclone of recent years was Cyclone Nina in 1993 that resulted in much devastation to villages and forests. April to November is the time of prevailing south-east trade winds. 5.3 People The people of Rennell comprise the most westerly Polynesian population in the South Pacific. They are believed to have originated from Uvea, or Wallis in the Wallis and Futuna group, and likely arrived in Bellona and Rennell around 26 generations ago in 1400 AD (Wingham, 1997).

The population in Rennell has never been large, mostly due to the lack of suitable soil for gardening and because freshwater sources are limited to the lake. There are no rivers on the island of Rennell, only intermittent seepages. Recent population census estimates that there are 2300 people in the province (SIG, 1999). Approximately 700 presently live within the East Rennell World Heritage site. Community members suggest that the population is small due to inter-clan fighting that resulted in many deaths prior to the arrival of Christian missionaries.

There are four main villages within the World Heritage Site, all situated on the south-west shore of Lake Tegano. These villages are Tebaitahe, Niupani, Tegano and Hutuna villages. They are situated at intervals of between 5 and 10km from the road head at Tebaitahe village and are accessible by boat and by foot from the road head. A road connects Tebaitahe to the provincial centre at Tigoa, West Rennell – a distance of some 90 km

Tebaitahe and Niupani villages are of South Seas Evangelical Church (SSEC) denomination, while Tengano and Hutuna are Seventh-Day Adventists (SDA). The latter communities have church-imposed tabus around the consumption of shellfish, turtles, birds, scaleless fish, eel fish, mollusks, crustaceans, and pigs. However, there is intermarriage among the communities, so these restrictions are not universally adopted by the communities.

5.4 Natural Values A detailed overview of the natural values of East Rennell is available in the UNESCO World Heritage nomination file for East Rennell (see References). There has also been a substantial amount of information on the natural history of Rennell, although much of this is now quite old. Only a very brief summary of some aspects is given here. 5.4.1 Flora The flora of East Rennell is markedly different from other parts of Solomons and diversity is lower than in the more westerly parts of Solomon Islands.

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There are 3 major vegetation types within Rennell and all are represented inside the World Heritage site. These are:

(i) low mature forest of the karst ridge on the island perimeter (ii) tall forest of the island interior (iii) beach flora of the Lake Tegano margins

Some patches of mangroves are located on the edges of Lake Tegano.

Ten endemic plants have been identified and recorded. These include the endemic orchid ghasighui (Dendrobium rennellii), which occurs on the small islands of Lake Tegano, as well as two endemic species of Pandanus sharing the local name haga, (P. lacustris and P. rennellensis).

5.4.2 Fauna

Eleven species of bats occur in the area, including langa, the Rennell flying-fox (Pteropus rennelli) which is endemic to the island. Other species present are puli, the bare-backed fruit-bat (Dobsonia inermis), peka, the Pacific flying-fox (Pteropus tonganus). These 3 bats are believed to play key roles in the dispersal of the canoe tree. Canoes fashioned from this species provide the traditional means of transport around the lake. The spurred horseshoe-bat (Hipposideros calcaratus) and large Melanesian bent-wing bat (Miniopterus propitristis) are also present.

Some 43 species of breeding land and water birds occur in Rennell. Four species and 9 subspecies are endemic to Rennell itself, while 7 are subspecies endemic to Rennell and Bellona. Manusigi, Australian dab-chick (Tachybaptushas novaehollandiae) and manukitai, little pied cormorant (Phalacrocorax melanoleucus) are common at Lake Tegano. Higi, pink-spotted fruit dove (Ptilinopus richardsii cyanopterus) is endemic to Rennell and Bellona and is found mainly in the canopy but also uses the lower secondary vegetation. Endemic species include magighape, Rennell fantail (Rhipidura rennelliana) and ghoghobiu, Rennell shrike-bill (Clytorynchus hamlinii).

The tugihono or endemic sea krait (Laticauda crockery) is known only in Lake Tegano. The other species of sea snake in the lake is Laticauda colubrina which is also found elsewhere in Solomon Islands.

There are 5 species of geckos, 4 skinks, 1 monitor lizard (Varanus sp.) and 3 snakes, all of which are species with widespread distributions and are typical of the region.

No amphibians have been recorded for Rennell Island so far. This is unusual, as the rest of the Solomon Islands has a rich and peculiar frog and toad fauna. This absence is probably explained by the topography and the lack of surface water (except for Lake Tegano). Rennell has 27 species of land snails, seven of which are endemic to the island. Coconut crab (Birgus latro) and two other species of land hermit crabs (Coenobita sp.) occur on the

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island. A total 731 insects have been identified from collections made at Rennell and Bellona. Moths (Lepidoptera) have the greatest number of species (246, in total) with 35 species and 25 subspecies exclusive to Rennell and Bellona (Wingham, 1997).

5.5 Cultural Values This management plan does not provide an overview of cultural values of the site or of past and current cultural practices, however a brief mention of customary practices, specifically land tenure, is provided here as background information. There is an extensive anthropological history available on the cultural aspects of Rennell (see References). There is interest at the community level to explore opportunities for documentation of cultural values and traditions. The University of Copenhagen, the National Museum of Solomon Islands and others have done some work to this end. There is also interest to expand the criteria of the site under which it received its World Heritage nomination to include cultural values. All of East Rennell is under customary ownership land tenure, meaning land is owned communally. Land is vested in the clan and all clan members have access to land through their lineages. East Rennell communities are patrilineal with land passing down through the male line. Land tenure is overlapping with various clans having both primary and secondary rights for use of land and associated resources. Most villages claim areas of around 57 km2 and hunting areas, which could be shared with other villages, of around 60 km2 (Wingham, 1997). Lake Tegano is regarded as common property to the people of all four villages. There is a chiefly system with a Paramount Chief and various clan chiefs, all of whom comprise the Council of Chiefs. Their role is to provide leadership to the communities on issues related to land and associated concerns, and to intervene and advise in the case of disputes. 5.6 Resource Use patterns Most of the land cleared for gardens is covered with secondary growth rather than primary forest. Traditional garden areas are cultivated for around nine months before being left fallow. The fallow period is around four years, after which the land is cleared again and replanted. Gardens provide a large proportion of the village subsistence food. Cash crops are also grown. The main crops include slippery cabbage and paw-paw, and root vegetables such as kumara, taro and pana. Most villages also produce coconut for sale.

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Thirteen species of birds are taken regularly for food, but there is little in the way of live bird collection for income generation.

All villages harvest marine resources such as clams, trochus and reef fish. There is also some opportunistic hunting of turtles, sharks and dolphins. Beche-de-mer (sea cucumber) was a key resource for income generation from the marine areas of East Rennell and more importantly in the Indispensable Reefs to the south, until a national ban on its export was imposed in 2005. Pressure has since shifted to trochus, which is also collected for cash generation.

Some villages are involved in the harvest of crayfish, which are sold to middle-men in Honiara for sale to restaurants and for export. This is currently on a small scale, but there are discussions underway at the provincial level to investigate commercial crayfish operations. More commonly, coconut crabs are harvested for both subsistence use and for income generation through sale to buyers from Honiara.

In East Rennell fish is a regular part of the diet. The most common species harvested is tilapia (Tilapia mozambica), which is harvested from the lake. The government introduced this species around 1957 as an additional protein source for the villagers.

There has been no commercial logging on Rennell but local people have been using portable mills to produce timber for local use. Most villages have one or two chainsaws. There are no fixed sawmills.

The forest is a storehouse for the villages, providing timber for milling, poles and posts, ropes and canes, firewood, food, medicine, bark for tapa cloth, canoe wood, carving wood and materials for tools, fishing and crafts. Orchids, butterflies and small animals are occasionally taken from the forest and sold.

Mapping work conducted with the communities has outlined approximate areas of concentration of resource harvest for priority resources for subsistence and income generation (Fig 2).

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Fig 2: Harvest areas for key resources (from community mapping exercise). 5.6.1 Customary Practices The East Rennell people continue to employ many of their traditional customary practices. For example some customary fishing methods are still in use, although there has been a move away from these in favor of introduced modern (and more efficient) fishing gear. Traditional fishing baskets such as the kupenga and the hanga are still used to catch freshwater eel fish from Lake Tegano during the west wind season (November to February). It is unclear how frequently traditional management practices seen elsewhere in the Pacific, such as seasonal closures, or other restrictions have been used in East Rennell. Due to the relatively small size of the human population, such practices may not have been widely employed, but this requires more discussions with community leaders to ascertain. Documentation of past traditional management practices for Rennell is needed to provide an appropriate blend of traditional practices and contemporary community-based management practices.

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5.7 Conservation Status and Legislation Currently there is no national legislation in Solomon Islands that supports the establishment of protected areas or the protection of biodiversity. There are also very few formally recognized protected areas in Solomon Islands, with the exception of Arnavon Islands Conservation Area. There are also several community-based initiatives including Tetepare Island Conservation Area and Gizo Marine Conservation Area in Western Province, as well others in Isabel, Makira and Malaita, which are currently seeking formal designation or are working only under customary law. In Solomons Islands, where more than 85% of land is under customary ownership, there is a widely held, though not entirely accurate, belief that customary owners have complete control over resource rights. Customary landowners have a consequently high level of suspicion regarding interventions by the national government. Due to this belief, and to the fact that the central government is far removed from the daily management of natural resources of customary land, it is the landowners themselves who are best positioned to be effective managers of their natural resources. Current legislation grants considerable powers to the provincial level. The Fisheries Act 1998 allows provincial authorities to prepare ordinances that recognize customary fishing rights, to establish closed and open areas for key species, to prohibit damaging fishing practice and to designate marine protected areas, in addition to other powers. It is expected that such ordinances will be made with significant community involvement in decision-making. Rennell-Bellona province has considerable scope under the Fisheries Act to designate marine protected areas. Collaboration between East Rennell landowners and the province should be promoted in order to support ERWHTB to develop legal backing for the establishment of Marine Protected Areas and for the enforcement of community by-laws. This will be a lengthy process and requires technical and financial resources which are currently lacking, but which are being sought by ERWHTB. At present, existing provincial legislation in Solomon Islands is most realistic option to provide legal protection to protected areas on customary land. However, unlike many of the provinces, Rennell-Bellona currently lacks a provincial resource ordinance that could support protection for the East Rennell World Heritage Site. This can be addressed through the drafting of such an instrument, which could be based on the existing legislation in Western and Isabel provinces. The Western Province Resource Management Ordinance 1994 (see Appendix 2) explicitly contains provisions for the protection of biodiversity and would be a suitable model for Rennell-Bellona province to adapt to their area.

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6.0 Threats to Natural Values There are few immediate threats to the World Heritage site, as the population in the four communities is relatively small. However, dramatic changes brought by the growing influence of the cash economy are having real and perceived impacts on the natural resource base and cultural traditions of the East Rennell people. There is widespread community concern that localized decreases of priority species such as coconut crabs and various marine resources are becoming a problem, especially as these resources are increasingly targeted for income generation. Commercial Logging Large-scale unsustainable and poorly regulated commercial logging is having detrimental impacts on the natural forests of Solomon Islands. As the forests are degraded, they decline in their ability to support the largely subsistence lifestyle of local communities who remain highly dependant on natural resources. There is relatively little commercial forest area in East Rennell, except for some intact lowland forest in Ward 2 at West Tegano, outside the World Heritage site. Communities in this area are currently trying to attract logging, although this has not materialized to date. The forests of Rennell are adapted to cyclone disturbance and gaps produced by downed trees often result in an increase in “mile-a-minute” vine (Meremia peltata) which can impede the emergence of re-growth. This vine can prevent the establishment of seedlings. Mining Prospecting for bauxite deposits in occurred in the early 1970’s. There is concern that any mining operation may impact the water quality of Lake Tegano resulting in contamination and sedimentation and adversely affecting communities which acquire their drinking water from the lake during the dry season. This threat is low due to the fact that extraction of bauxite is uneconomical at the present time. Overharvest of Coconut Crab One of the key resources for income generation is the coconut crab (Birgus latro). Collected for both subsistence use and cash earnings, this species is under increasing pressure throughout Solomon Islands and potential for localized extinction is growing. East Rennell people harvesting coconut crab are selling large crabs (2-3kg) to buyers in Honiara for export or sale to the local restaurant trade. Smaller crabs (<1kg) are consumed domestically, thereby removing immature crabs from the population. Crabs are currently harvested year-round, including during November and December when the females are carrying eggs. Overharvest of Marine Resources Overharvest of species such as crayfish, trochus, beche-de-mer and clamshell (various species of giant clam) are the most serious threats to marine resources at present. Crayfish collection by local fishers is a key income generating activity for many families. A national export ban on beche-de-mer in 2005 has provided some protection for beche-de-mer stocks, but

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has also shifted pressure to trochus, which is collected by local fishers for sale in Honiara. Localized declines in trochus and beche-de-mer stocks are being observed throughout Solomon Islands. Invasive Species Non-native animals have been introduced by communities to the area for agricultural purposes, and some of these have become feral (as in the case of pigs and goats). However these do not appear to be in large numbers (Wingham, 1997). To date Rennell has avoided some of the more serious invasive species, which are adversely affecting other islands in the country, such as the cane toad (Bufo marinus). Some households have cats and education is needed to minimize the impact on ground-nesting birds (Wingham, 1997). 7.0 Management of the Site The East Rennell Council of Chiefs and the East Rennell World Heritage Trust Board have taken steps to control damaging resource use. This section outlines the management actions that support the sustainable management of the natural values of the site. Some of the actions listed below are community-bylaws that are already enforced by the ERWHTB and the CoC. Others are by-laws that require additional financial and technical resources to implement, and ERWHTB is making efforts to acquire these resources. These management actions have been developed by East Rennell community members in response to perceived environmental problems. Additional management actions from the Resource Management Objectives and Guidelines for East Rennell World Heritage Site that outlined the broad parameters for the management plan have also been incorporated. 7.1 Management Actions for Lake Resources

• Establish systems for proper disposal of rubbish waste. • Encourage research partnerships with outside agencies to assess the

decline in tilapia stocks (Tilapia mozambica) and the freshwater eel (Anguilla obscura), the main protein sources for communities.

• Encourage research partnerships with outside agencies to assess water quality of lake.

• Conduct survey of lake invertebrate fauna to assess the impact of Tilapia mozambica on native species.

7.2 Management Actions for Land and Forest Resources

• Prevent large-scale commercial extraction of forests in the World Heritage Site.

• Prevent commercial mining operations within the World Heritage Site. • Establish a coconut crab monitoring programme to determine the

impact of current harvest practices. • Establish no-take zones for coconut crabs.

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• Prevent the harvesting of female coconut crabs with eggs during November and December season, when females are making their way to the sea to lay eggs.

• Establish awareness programmes on the importance of mangrove areas and sustainable management of these areas.

• Conduct an ecological survey of the terrestrial fauna to enable assessment of the status of species and identification of threatened species.

• Conduct a botanical survey to give habitat information that crucial to wildlife management.

• Conduct a survey of known endangered species, including flora and fauna.

7.3 Management Actions for Marine and Coastal Resources

• Implement Marine Protected Areas (MPAs) for marine resources (this may include no-take zones and/or seasonal restrictions for critical species such as groupers, humphead wrasse and trochus).

• Implement a community-based monitoring programme to assess effectiveness of MPAs.

• Promote sustainable harvesting of marine resources through community awareness programme and enforcement of Solomon Islands National Fisheries Regulations (i.e. legal size limits).

• Implement community by-laws on destructive fishing practices (use of poison vine etc.)

• Support fair economic return to local fishers in dealings with fishing companies for areas outside of MPAs in partnership with provincial authorities.

• Conduct a survey of reef resources. 7.4 Additional Management Actions

• Develop a legislative framework in partnership with Rennell-Bellona province to support protection of East Rennell World Heritage Site (based on existing provincial government models in Solomon Islands such as Western Province Resource Management Ordinance).

• Seek legal backing of community by-laws through application for a Resource Management Order under Rennell-Bellona provincial ordinance when the latter is established.

• Develop a visitor code of conduct for tourists and others. • Develop a research contract to guide research in East Rennell and to

ensure that the results of all research are available to ERWHTB and communities.

• Increase community understanding of the positive and negative impacts of tourism.

• Document traditional knowledge and customary practices of East Rennell communities.

• Develop additional community-based resource monitoring protocols for priority resources as appropriate.

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• Strengthen the capacity of ERWHTB and communities to manage East Rennell World Heritage Site through development of partnerships.

• Develop a community awareness programme on the benefits sustainable management.

7.5 Community Awareness and Training Community awareness about the importance of sustainable management of the natural resources of the site is critical to the successful implementation of this plan. Current understandings about the benefits of protected areas and sustainable management of resources in terms of food security are low, yet traditional knowledge, especially among community elders, is still high. Meaningful community awareness programs should be developed that allow hands-on participation of community members in monitoring the impacts of resource management practices. Curriculum materials for schools addressing linkages between environment and food security should also be developed and made available to educators and community leaders. Training in basic resource monitoring protocols that can be implemented at the community level is needed and should be the priority focus of work at East Rennell in order to maintain community engagement. There is much information on such models in Solomon Islands and around the Pacific, but this is difficult for East Rennell communities to access due to their isolation and lack of resources. Partnerships with universities, governments and NGOs can facilitate this capacity building, and provide additional research expertise to address the priority threats and needs identified.

7.6 Administration and Enforcement The day-to-day administration of the management plan is the responsibility of ERWHTB. This body is tasked with the administration of the site and is the first point of contact for outside agencies such as NGOs and research organizations interested in working in East Rennell. ERWHTB also liaises closely with provincial and national government bodies. The Paramount Chief of East Rennell and the CoC provide an advisory role on matters of resource management, in addition to their supreme decision-making role on matters of land and in conflict resolution. Already the chiefly leaders have disallowed some extractive businesses they perceive to have detrimental impacts from operating within their customary areas. However there is currently no provincial legislation in place that would support community by-laws on customary land in East Rennell. Other provinces in Solomon Islands have such legislation and it is recognized that this is the most appropriate legislation to use for protected areas, as no national legislation currently exists. It is an objective of this plan that ERWHTB will work in partnership with the Rennell-Bellona provincial government to develop this legislation. Currently, the technical and financial resources at both the community and provincial

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levels are inadequate to accomplish this task. ERWHTB is seeking support from NGO partner agencies to undertake this work, but such support has not yet been secured. The Department of Forestry, Environment and Conservation should also play a role in supporting the development of this legislation, however, it is also lacking in the legal expertise and resources required to do undertake this work. All resource management programmes developed by ERWHTB in partnership with technical support from outside agencies will require the approval of the CoC. The CoC, in collaboration with ERWHTB, will also advise and determine how to enforce penalties for the breaking of the management guidelines. It is important that this management plan be reviewed on a yearly basis while the resource monitoring programmes outlined here are further refined and strengthened. After that point, a review period of 3 years will likely be sufficient.

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8.0 References Kuschel, R., T. Monberg, T. Wolff, 2001. “Bibliography of Bellona and Rennell Islands, Solomon Islands.” University of Copenhagen, Denmark. McDonald, J. 2006. Marine Resource Management and Conservation in Solomon Islands: Roles, Responsibilities and Opportunities. Report to International Waters Programme, Honiara. 27pp. Solomon Islands Census 1999. http://www.spc.int/prism/country/sb/stats/ Solomon Islands Fisheries Act 1998. http://www.paclii.org/ Tabbasum, S. A. and P. Dingwall, 2005. “Report on the Mission to East Rennell World Heritage Property and Marovo Lagoon, Solomon Islands.” Report for UNESCO and IUCN. 20pp. Wingham, E.J. (1997). Nomination of East Rennell, Solomon Islands for inclusion in the World Heritage List - Natural sites. New Zealand Official Development Assistance Programme, Ministry of Foreign Affairs and Trade. 47 pp. Wingham, E.J. (1998). Resource Management Objectives and Guidelines for East Rennell, Solomon Islands. New Zealand Official Development Assistance Programme, Ministry of Foreign Affairs and Trade. 22pp. Wolff, T. (ed.) The Natural History of Rennell Island, British Solomon Islands. University of Copenhagen, Danish Science Press.

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9.0 Annexes 9.1 East Rennell Community Action Plan for Resource Management – Basis for Management Plan Community Participants’ Identification of Problems and Solutions – November & December 2006 Problem Causes What has been done What can be done Who is

Responsible Potential Partners

When

LAKE Decreasing # and size of tilapia

Better fishing gear (torches, nets etc) Habitat disturbance Increased manukitai (introduced cormorants) Decreasing food source for tilapia Increased human pop Uncontrolled fishing (incl.

Nothing Migration out of community to Honiara

Research on tilapia decline Research on impacts of manukitai, tilapia food source and climate Control of tilapia harvest – investigate methods such as zoning, closures, net use, spawning times and implement recommendations from research Investigate other sources of protein for communities (introduction of other

ERWHTB ERWHTB CoC, Women’s Groups ERWHTB, MPA ERWHTB ERWHTB

WFC, CSIRO, Fisheries, USP, UQ Agriculture, Kastom Gaden Fisheries RAMSI

ERWHTB already in contact with UQ, letter of invite to be drafted in Jan 07

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day/night fishing, spearing/netting of small fish)

species) Tilapia farming Control of Manukitai

Declining Lake water quality

Increase in algae Throwing of rubbish, batteries and petrol

Nothing Research Water Quality Changes Increase awareness around impacts of rubbish and petrol dumping in lake Collect information about impacts of rubbish Establishment of Community Rules

ERWHTB CoC, community leaders, schools, parents and church leaders CoC, as above

UQ NGOs for info – WWF, TNC, KG, Honiara Beautification Project, SIG Depart of Environmental Health

UQ (see above)

Increased Pollution (from wrecks, OBM petrol spills)

WW2 wrecks leaking oil

SIG lobbying US Consul in Honiara

Investigation of impacts of wrecks on lake environment

ERWHTB SIG, US Consul On-going

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LAND/FORESTS/GARDENS Potential logging (in West Rennell)

Lack of $ for school fees, basic needs (kerosene, soap, rice and petrol)

WH involvement in 1990s CoC supports ban on logging

Maintain the ban on commercial logging Increase awareness of negative impacts of unsustainable logging

CoC, ERWHTB Community

TDA, WWF, ECANSI, Greenpeace, DFEC

On-going

Mining (bauxite)

Gov’t control of mining rights (not landowners)

Ban on mining by CoC

Maintain the ban on mining

CoC, ERWHTB

On-going

Uncontrolled harvest of kasusu (coconut crab)

Increased demand from Honiara-based buyers that travel to ER Need for cash income

Traditionally people took only what they needed for eating – left the smaller ones behind Smaller human population in past More respect for people’s customary land rights than presently

Increase awareness of kasusu lifecycle and impacts of overharvest Establish a monitoring programme Education and implantation of SIG Fisheries laws (legal size limits) Post copies of SIG Fisheries Laws in communities and picture of legal size kasusu CoC and landowners to

ERWHTB, schools, CoC VSA ERWHTB, CoC ERWHTB CoC and

TDA to send info TDA to provide techniques and copy of monitoring protocols TDA to provide, Fisheries

Jan 2007 Mid-2007 Feb 2007 Discuss in Jan 07 with view of

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discuss implementation of seasonal ban for 2007 (Nov/Dec when crabs are laying eggs)

landowners implementation for Nov/Dec 2007

Guidelines for Research

Research interest in ER by outsiders

Ad-hoc Retain copies of research in ER and exert more control over research carried out on Site to ensure that landowners derive benefits, control unscrupulous researchers – ERWHTB to develop standard research contract and screening process

ERWHTB Department of Education (national research permits) Department of Tourism and Culture TDA to provide example contracts

Jan 2007

Collectors of endemic species and/or artifacts

Outsiders interest and potential profit-making

Nothing, although past orchid collectors and others have raised community concern

Ensure that Dep’t of Education permits are adhered too

ERWHTB Dept of Education

See above

Garden pests and diseases

akau (taro insect) Dept of Ag has been invited Pesticides have been used in past but are expensive and must be purchased every year

Investigate pest and disease resistant strains of taro and effects of these on native taro species

MPA, Prov Ag Division

Kastom Gaden Dept of Ag

2007

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REEF/SEA Declining # and size of crayfish

Potential commercial extractive crayfish industries being examined by province (licenses). Increased demand from Honiara buyers. Need for $.

3 nautical mile marine area included in the WH site – no commercial fishing in this area National Fisheries Laws Province exploring commercialization for all of Rennell – limited consultation with ER landowners

Increase respect of customary ownership of areas Increase awareness of legal size limits and crayfish lifecycle Establish community rangers and monitoring programme Establishment of MPA – ERWHTB to discuss with communities where and what restrictions

CoC, community, ERWHTB Community Rangers ERWHTB

VSA, TDA, Fisheries TDA, VSA TDA, VSA, Fisheries, NGOs

On-going Mid/End 2007 Mid/End of 2007 End of 2007 Review of MP in 2007

Declining # and size of trochus

Increase demand from Honiara buyers Need for cash

Increased price of trochus Ban on BDM has shifted pressure to trochus Limited number of people harvesting trochus (SDA people do not harvest

Increase respect of customary ownership of areas Increase awareness of legal size limits and trochus lifecycle Establish community rangers and monitoring programme

Same as above

Same as above Mid 2007 Review of MP in 2007.

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trochus) Establishment of MPA – ERWHTB to discuss with communities where and what restrictions

Declining size and #s of BDM

Previous demand from Honiara buyers (Asian exports) Need for cash

National Ban on BDM export since 2005 – soon to be lifted

Increase respect of customary ownership of areas Increase awareness of legal size limits and BDM lifecycle Establish community rangers and monitoring programme Establishment of MPA – ERWHTB to discuss with communities where and what restrictions

Same as above

Same as above, also WFC

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GENERAL Loss of respect for chiefs Erosion of traditional and Christian values Lack of information on resource management and impacts of unsustainable practices Impact of Visitors Stealing

Influence of outside values Influence of cash economy Movies, Rennell brew, O2 Negative development impacts Lack of discipline for children/youth Poor leadership Lack of appropriate development

Traditionally elders and chiefs spend much time in discussion with people, mediating conflicts and providing guidance Church plays a strong role in influencing communities on values Family sharing, discussion and discipline

Increase awareness around respect for chiefs and leaders Seek input and involvement from chiefs and leaders Increase awareness and workshops (education) about good governance, transparency and leadership training Revival of appropriate cultural practices Support elders to advise, participate and lead cultural strengthening Empowerment of youth and involvement Encourage gender balance

CoC Churches ERWHTB Schools Families Women’s Groups CoC Youth Groups Women’s Groups, ERWHTB

Winds of Change, VSAs, CSP National Museum, Dept of Culture and Tourism, Maori-ER linkages

2007-2009

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9.2 Provincial legislation appropriate for community-managed protection of natural resources under customary ownership – Western Province Resource Management Ordinance 1994.

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WESTERN PROVINCE RESOURCE MANAGEMENT

ORDINANCE 1994 [Consolidation: This is a consolidation of the principal Ordinance and amendments or intended amendments as at 1 August 1990 Errors in spelling or grammar or omissions of words in the Gazetted Ordinance have been corrected in this Consolidation. This is not an authorised version of the Ordinance. The principal Ordinance came into effect on 16 June 1995 upon Gazettal under LN 61195. The enactments consolidated are:

WP Resource Management Ordinance 1994. WP Resource Management (Amendment) Ordinance 1999 LN 102/99]

AN ORDINANCE TO

Provide for the Western Provincial Executive to manage the natural resources of the Province in a manner consistent with National policy and legislation, and to provide for the indigenous people of Western Province to contribute to the enactment of legislation to provide for effective management of natural resources on customary land.

ARRANGEMENT OF SECTIONS

PART I PRELIMINARY

1. Short Title and Commencement 2. Object of the Ordinance. 3. Effect of this Ordinance on other Acts and Ordinances. 4. Interpretation 5. Policy Statements and Plans on the Use of Resources.

PART II PROHIBITION ON TAKING AND- PROTECTION

OF SPECIFIED RESOURCES

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6. Prohibited species or categories of resources. 7. Limitation on taking species or categories of resources. 8. Offences. 9. Amendment to Schedules. 10. Exemptions. 11. Defence for persons indigenous to Western Province.

PART III CUSTOMARY LAND RESOURCE MANAGEMENT

ORDERS

12. Resource Orders. 13. Request for Resource Order. 13A. Register of Resource Management Orders. 14 Variation or Revocation of Resource Order. IS. Offences.

PART IV PROHIBITION OF ACTIVITIES HAVING ADVERSE

ENVIRONMENTAL EFFECT

16. Prohibition on taking live coral. 17. Offence to use anchor 18. Logging. 19 Harvesting methods for marine resources. 20. Offences. 21. Resource Management Fund.

PART V ENFORCEMENT

22. Powers of Authorised Officers 23. Powers of Authorised Officers without a warrant 24. Wilful Obstruction 25. Failure to comply with enquiry. 26. Identification of Authorised Officers 27. Non liability of Authorised Officers. 28. Destroying of evidence. 29. Power of forfeiture. 30. Meaning of person SCHEDULE 1 Prohibited Species SCHEDULE 2 Protected Species. SCHEDULE 3 Form A Request for customary Land

Resource Management Order Form B Customary Land Resource Management Order

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PART I

PRELIMINARY 1. Short title and Commencement This Ordinance is called the Western

Province Resource Management Ordinance 1994 and shall come into force upon approval of the Minister in accordance with section 32 of the Provincial Government Act 1981 and publication in the Solomon Island Gazette.

2. Objects of the Ordinance - Under the direction of the Western Province

Executive and with the assistance of Authorised Officers the Western Province Resource Management Ordinance 1994 seeks to - (a) Protect animal and plant species which are rare; (b) Prevent animal and plant species from becoming threatened,

endangered, extirpated or extinct within their natural range within Western Province;

(c) Maintain the natural biodiversity characteristic of the land and water environments of Western Province;

(d) Ensure the sustainable use of the renewable resources of Western Province for the long term well -being of its inhabitants;

(e) Assist in Resource Management Planning on Customary Land by the implementation of Resource Management Orders

3. Effect of Ordinance on other laws - (I) In the interests of clarity it is hereby

declared that this Ordinance shall in no way be read to derogate from any Acts but seeks to act in a complementary manner especially where other laws seek to protect species or resources.

Compliance with the requirements of this Ordinance shall not absolve a person from compliance with any Act of Parliament

4. Interpretation - In this Ordinance, unless the context otherwise requires:

“Appropriate Committee” means an established committee having customary respect and knowledge of traditional and customary usage of customary land, and includes a Community Leaders Committee, a Chiefs Committee, a Council of Chiefs, and a Village Committee.

“Area Council’ means an Area Council established under the Western Province Area

Council Ordinance 1989; “Authorised Officer” means any Police Officer, any Fisheries Officer, Environment

Officer, Forestry Officer, any Area Constable, Village Organisers, Chiefs or any other person appointed in writing by the Executive to be an Authorised Officer for the purposes of this Ordinance.

“Coastal waters” means all that area of sea which comprises part of Western Province by virtue of section 3 of the Provincial Government Act 1981.

“Current Customary Usage” means the usage of Solomon Islanders obtaining in relation to the matter in question at the time when that question arises, regardless of whether that usage has obtained from time immemorial or any lesser period..

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“Customary land” means any land (not being registered land, other than land registered as customary land) used or occupied by a person or community in accordance with current customary usage and shall for the purposes of Part 111 of this Ordinance include areas of reef waters or lagoon waters where according to current customary usage a persons or community’s use or occupation of land extends to and includes use and occupation of such reef or lagoon waters

“Customary land owning group” means a tribe, clan, line, community or group of such persons owning or customarily recognised as entitled to own or exercise primary rights over customary land

“Endangered” means in relation to any plant or animal species, imminent danger of extinction from any cause whatsoever, including the cause that population levels have been critically reduced and}or habitat has been critically reduced or damaged.

“Executive’ means the Western Province Executive. “Export” means the selling, supplying or transporting of marine resources, forest

resources or wildlife resources originating from within Western Province, outside of Western Province whether to another part of Solomon Islands or overseas.

“Extinct” means in relation to a plant or animal species, not definitely located within a period of 10 years up to the date of any enquiry.

“Extirpated’ means in relation to any plant or animal species, eliminated from a part or parts of its previously known range- This may refer to loss of a species from specific islands within the Western Province. “Fish” means any cold blooded animal living wholly in water breathing through gills

with fins for swimming. “Forest resources” means any tree, flora or fauna, alive or dead, which is of a species

indigenous to Solomon Islands and is or was growing in the Western Province. ‘Marine resources” means any fish and any other animal plant or thing living in or

found in salt water including but not limited to the following species or categories of species: beche de mer, clam, crab, crayfish, crocodile, green snail, pearl oyster shell, prawn, seaweed, trochus and turtle.

“Qualified requesters” means all of the persons, or the persons representing all of the persons who according to the customary law and traditions of the area to be affected by a Resource Order are the persons entitled to make rules which are binding on the people indigenous to the area, and people coming to the area with respect to the natural resources of the area, which would be affected by the Resource Order.

“‘Rare” means any plant or animal species with small populations either because of local occurrence within restricted geographic areas or habitats or they are thinly scattered over a more extensive range within Western Province.

“Resource Order”’ means a Customary Land Resource Order made by the Executive pursuant to section 12 of this Ordinance.

“Sustainable use’ means using, developing or protecting renewable natural and physical resources so that their ability to yield long term benefits is not endangered.

“Take” means in relation to forest resources to cut, kill, sell, purchase or export: and in relation to marine resources to fish, catch, kill, capture, sell, purchase or export; and in relation to wildlife resources to kill, hunt, capture, sell, purchase or export.

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“Threatened” in relation to any plant or animal species means having a declining population due to over-exploitation or destruction of their habitat: such species being likely to become endangered in the near future if the factors responsible for the decline continue to operate.

“Wildlife resources” means all indigenous birds, insects including butterflies, reptiles, amphibians, and mammals whether dead or alive.

“Vulnerable” means threatened. 5. Plans and Policies for Resources on Customary land (1) Every customary

land owning group may make its own policy statements and plans regarding the use of resources within its land or area.

(2) Policy statements and plans prepared by customary land owning groups shall

be referred to the appropriate Area Council for endorsement pursuant to Schedule II of the Western Province Area Council Ordinance 1989 or any Ordinance passed in amendment or substitution therefore.

(3) The Executive or any public officer or provincial employee designated by the

Executive, shall as soon as practicable establish and maintain at the Assembly offices a Register of Policy Statements and Plans on Customary land, which shall define as accurately as possible the boundaries of each area covered by a Plan or Policy Statement and shall include maps of the area. The said Register shall be available for inspection between the hours of 9am and l2 noon and 1pm and 4pm Monday to Friday.

PART II

PROHIBITION ON TAKING AND PROTECTION OF SPECIFIED RESOURCES

6 Prohibited species or categories of resources – 1) No person may take any of the prohibited species, or categories of marine

resources listed in Schedule I Part N (2) No person may take any of the prohibited species or categories of wildlife

resources listed in Schedule I Part B. (3) No person may take any of the prohibited species or categories of forest

resources listed in Schedule I Part C. 7. Limitation on taking species - (1) No person may take any of the species or

categories of resources listed in Schedule 2 Part A of a size other than that prescribed in Schedule 2 Part A for such species or category.

(2) No person may take any of the species or categories of resources listed in

Schedule 2 Part B in quantities in excess of the quantity prescribed in Schedule 2 Part B for such species or category during any period of time prescribed in Schedule 2 Part B as a prohibited month(s) for such species or

37

category. (3) No person may take any of the species or categories of resources listed in

Schedule 2 Part C diving any month in any year which is specified in Schedule 2 Part C in relation to such species or category as a prohibited month or year.

8. Offences - (l)Any person who breaches any of the provisions of this Part of

this Ordinance commits an offence and is liable upon conviction to a fine of $5,000.00 or to imprisonment for 3 months, or to both such fine and imprisonment.

(2) Any body corporate, association or co operative who breaches any of the

provisions of this part of the Ordinance and is liable on conviction to: (i) a fine not exceeding $50,000: and (ii) a penalty not exceeding $20,000 to be paid to the Provincial Special

Fund in accordance with section 21 of this Ordinance. (3) Where a body corporate, association or co-operative commits an offence

under this Ordinance with the consent, participation or connivance of or because of the neglect or omission by an individual, the individual is guilty of the same offence and liable to the same penalties as the body corporate, association or co-operative if at the time of the offence.

(a) the individual is or was a director, manager, secretary or other senior

officer of the body corporate, association or co-operative; or (b) the individual is or was purporting to or holding out that that

individual is such an officer; or (c) the individual is or was a member of a body corporate, association or

co-operative which is managed by its members. 9. Amendment to Schedules - The Executive may by order published in the

Solomon Islands Gazette add to delete from or amend the contents of Schedules 1 and 2 of this Ordinance.

10. Exemptions - The following persons are exempt from compliance with the

provisions of this Part of this Ordinance subject to compliance with the conditions set out in this section in relation to such persons. (a) Any person who has first obtained a valid research permit under the

Research Act or any Act or Ordinance passed in amendment or substitution therefore or who has otherwise obtained the written consent of the Executive and the Solomon Islands Government to carry out scientific survey or other scientific works, and if appropriate has obtained an export permit, arid/or a Western Province business Licence.

(b) Any person carrying on the business of farming or ranching any prohibited or protected marine resources or wildlife resources with the prior written consent and approval of the Executive and the Ministry of

38

Natural Resources and the resource is being used in that farm or ranch and if appropriate such person has a permit for export and}or a Western Province business licence.

(c) An Authorised Officer of the Ministry of Agriculture and Fisheries, Ministry of Forestry, Environment and Conservation or of the Western Provincial Government where such officer is using the prohibited or protected species for research monitoring or survey studies.

11. Defence for Solomon Islands citizens - It shall be a defence to a person

charged with an offence under this Part of this Ordinance tat if, on a balance of probabilities: (a) The person is a Solomon Islands citizen indigenous to or permanently

residing in the Western Province; and (b) The person took the prohibited or protected resource (being an edible

resource) for the sole purpose of consumption by himself his family or other persons where no monetary reward was received or intended to be received in return for providing the resource or for the effort expended or cost incurred in taking it Provided that this Section shall not provide a defence to any person who purchases or exports a resource which is prohibited or protected by this Part of this Ordinance or

(c) The person took the prohibited or protected resource for use by himself or another or other Solomon Islands citizens indigenous or residing permanently in Western Province to use in or process to be used in building, personal adornment or for a customary use or purpose, or to be used in the making of souvenirs to be sold on the Solomon Islands domestic market or to be exported Provided that this section shall not provide a defence to any person who sells a prohibited or protected resource to a person not a Solomon Islands citizen, or who exports a prohibited or protected resource which has not been processed into a souvenir.

PART III

CUSTOMARY LAND RESOURCE MANAGEMENT ORDERS

12. Resource Orders - (I) The Executive may make Resource Orders by Order

published in the Solomon Island Gazette. (2) A Resource Order is an Order applying to a particular area of customary land

and providing for prohibition and/or protection of marine resources, forest resources and/or wildlife resources existing on that land.

39

(3) A Resource Order may only be made if all of the procedural requirements of this Ordinance have been satisfied, and

(a) The proposed Resource Order relates to customary land; and (b) The boundaries of the customary land are clearly defined and (c) The Resource Order has been requested by and the Executive is

satisfied that the request has been made after agreement between all qualified requesters and

(d) The contents of the proposed Resource Order are not contrary to the National interest; and

(e) The proposed Resource Order is clear and unambiguous. 13. Request for Resource Order - (1) A request for a Resource Order maybe

made at any time in relation to any defined area of customary land by qualified requesters; such persons hereinafter called ‘the Applicants.

(2) A request for a Resource Order shall be made in the form set out in Schedule 3

of this Ordinance. (3) Upon receiving a request for a Resource Order the Executive shall consider the

request and if satisfied that it complies in all respects with the requirements of this Ordinance shall, within one month of receipt of the request, endorse its approval on the request and deliver the request to the Secretary of the Area Council to whose area the request relates.

(4) Upon receipt of the request endorsed with the approval of the Executive the

Area Council Secretary shall forthwith cause a copy of the request to be displayed in a conspicuous place in each village within the area affected by the request. The Area Council Secretary shall at the time of displaying the request sign it and affix to it the date of the first complete day that it will be displayed

(5) Within one calendar month of the first complete day that the request is

displayed, any person may give written notice of objection to an Appropriate Committee that the Applicants are not all the qualified requesters.

(6) A copy of the notice of objection under subsection 13(5) shall be delivered by

the Objectors to the Provincial Secretary on behalf of the Executive no later than one day after the day that the notice of objection is filed in the Appropriate Committee

(7) A copy of the notice of objection shall be served on the Applicants, and such

persons shall be Respondents for the purpose of the objection and entitled to appear and be heard in the Appropriate Committee.

(8) Upon hearing an objection brought to it pursuant to subsection 13(5) the

Appropriate Committee shall make and record determinations as to whether or not the Applicants are all the qualified requesters.

(9) Following the hearing of the objection, the Secretary of the Appropriate

40

Committee shall deliver a copy of the determination to the Area Council and the Provincial Secretary on behalf of the Executive.

(10) If the Applicants are not satisfied:

(a) That the Committee nominated by the Objector is qualified to make the determination sought; or

(b) that the determination of the Committee is Correct, the Applicants may within 21 days after the date of the determination apply to the Local Court for a ruling under subsection 13(5) of this Ordinance.

(11) The Executive may by resolution make and cause to be gazetted a Resource

Order in terms of the request provided that the time for lodging an objection to the Appropriate Committee has expired and no objection has been lodged, or if an objection has been lodged the determination of the Appropriate Committee has been made and delivered and the determination was to the effect that the Applicants are all of the qualified requesters, and no application to a Local Court under subsection 13(10) of this Ordinance has been made.

(12) A Resource Order shall be in the form set out in Form P of Schedule 3 of this

Ordinance and shall not differ substantially from the request endorsed by the Executive.

(13) A Resource Order may make the defence contained in section II of this

Ordinance available for breaches of the Resource Order; and all Resource Orders shall state whether or not the defence contained in section II is available under the Resource Order.

(b) Where the defence contained in Section 11 is made available section 11 shall

be read as if tie words “this Resource Order appeared where the words “this Ordinance” appears in the section

13. A. Register of Resource Management Orders - The Executive or any public

officer designated by the Provincial Secretary shall as soon as practicable establish and maintain at the Assembly Offices a Register of Resource Management Orders. It shall contain a copy of each Resource Management Order together with a map of the area coveted by the Resource Management Order. The said Register shall be available for inspection between the horns of 9am and 12 noon and 1pm and 4pm Monday to Friday.

14. Variation or Revocation of Resource Orders - (I)Any Resource Order may

be varied by subsequent Order of the Executive, published in the Solomon Islands Gazette, in the following circumstances: (a) The request for the variation or revocation must be made by the same

persons or substantially the same persons as were the qualified requesters in the request for the Resource Order. The Executive may reject any request where it is satisfied that there is not reasonable identity between the qualified requesters and the applicants for

41

variation or revocation. (b) The request for variation or revocation must be made in writing and

must specify a date on which the variation or revocation is to take place, being a date not less than 6 months from die date of the request

(2) Should the Executive resolve to vary or revoke a Resource Order it may

impose such reasonable terms and conditions upon the future use, occupation or management of the land or its resources as may be requested by the applicants.

15. Offences - (1) It shall be an offence under this section to breach any of the

provisions of a Resource Order. (2) (a) Any person who breaches any of the provisions of a Resource Order

commits an offence and is liable upon conviction to a fine of up to $500000 or to imprisonment for a term of 3 months or to both such fine and imprisonment

(b) Any person convicted of an offence under this section shall be liable to

pay such sum not exceeding $5,000.00 as the Court deems just to the Executive for payment to the customary land owners by way of restitution for the resource damage caused.

(c) Any body corporate, association or co-operative who breaches any of

the provisions of a Resource Order commits an offence and is liable on conviction to a fine not exceeding $50,000.0&

(d) Any body corporate, association or co-operative who is convicted of an

offence under this section shall be liable to pay such sun not exceeding $100,000.00 as the Court deems just to the Executive for payment to the customary landowners by way of restitution for the resource damage caused

(e) Where a body corporate, association or cooperative commits an offence

under this Ordinance with the consent, participation or connivance of or because of neglect or omission by an individual, the individual is guilty of the same offence and liable to the same penalties as the body corporate, association or co-operative if at the time of the offence

(i) the individual is or was a director, manager, secretary or other

senior officer of the body corporate, association or co-operative; or

(ii) the individual is or was purporting to or holding out that individual is inch an officer, or

(iii) the individual is or was a member of a body corporate, association

or co-operative winch is managed by its members. (f) On receipt of payment under paragraph (1,) or (d) of this subsection the

42

Executive shall forthwith pay the restitution to the signatories to the Resource Order request or their administrators or assigns. (3) The provisions made in this section shall not be deemed to deprive any person

of civil tights and remedies otherwise available in relation to wrongful interference with resources on customary land

PART IV

PROHIBITION OF ACTIVITIES HAVING ADVERSE ENVIRONMENTAL EFFECTS

16. Prohibition on taking live coral - (I) Subject to subsection (2) of this section

no person shall take, cut, collect, blast using any explosives, harvest or remove any live coral from or in coastal waters (2) Subsection (1) of this section shall not apply to: (a) A person indigenous to the Solomon Islands who takes, cuts, collects,

harvests or removes live coral for the sole purpose of producing by traditional means lime for consumption with betel nuts,

(b) A person indigenous to the Solomon Islands who takes, cuts, collects,

harvests or removes live coral to use for traditional purposes. (c) Any person who has first obtained a valid research permit under the

Research Act or any Act or Ordinance passed in amendment or substitution therefore or who has otherwise obtained the written consent of the Executive and the Solomon Islands Government to carry out scientific survey or other scientific work related to corals.

(d) Any person who holds written authority from the Executive and

Solomon Islands Government to clear a passage way or blast a channel through coral reef or otherwise remove coral for the purpose of a development or access way approved by the Executive.

17. Offence to use anchor - It shall be an offence for the Captain of any ship to

cause or allow his ship to be anchored within or near any coral reef where there is a mooring, bony, wharf or other method of securing the ship within a radius of 500 yards from the place where the ship is anchored.

18. Logging - (1) Subject to any right, privilege or licence granted pursuant to

National laws, all logging and sawmilling activities within the Western Province must adhere to the Western Province Forest Management Policy.

(2) The Western Province Forest Management Policy shall be that Policy

notified and published by the Western Province from time to time. 19. Harvesting methods for marine resources - (1) No person may use scuba

gear or any other underwater breathing apparatus when harvesting any marine resource.

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(2) Any person may make use of traditional methods of harvesting or gathering

marine resources. Poisonous plants may only be used for harvesting marine resources for special occasions such as feasts. Poisonous plants may not be used as a harvesting technique for regular local consumption or harvesting for monetary reward.

(3) No person shall use dynamite when harvesting fish or other marine

resources. 20. Offences - (I) Any person in breach of any of the provisions of this Part of

the Ordinance commits an offence and shall be liable upon conviction to a fine of up to $5,000.00 or imprisonment for a term of up to 3 months or to both such fine and imprisonment.

(2) Any body corporate, association or co-operative who breaches any of the

provisions of this Part of the Ordinance commits an offence and is liable upon conviction to

(i) a fine not exceeding $50,000.00; and (ii) a penalty not exceeding $20,000.00 to be paid to the

Provincial Special Fund established in accordance with section 21 of this Ordinance.

(3) Where a body corporate, association or co-operative commits an offence

under this Ordinance with the consent, participation or connivance of or because of neglect or omission by an individual, the individual is guilty of the same offence and liable to the same penalties as the body corporate, association or co-operative if at the time of the offence -

(i) the individual is or was a director, manager, secretary or other senior

officer of the body corporate, association or co-operative; Or (iii) the individual is or was a member of a body corporate, association, co-

operative which is managed by its members. 21. Resource Management Fund. - (I) In accordance with Part VI ‘Special

Funds’ of the Western Province Financial Management Ordinance 1984, the Executive shall set up a Special Fund to be called the Resource Management Fund (‘the Fund”).

(2) Rules made in respect of the Fund in accordance with section 37 of the

Western Province Financial Management Ordinance shall include provisions that the Fund must be applied: (i) for the administration of this Ordinance (ii) for any survey or other work undertaken for the purposes of managing

marine, wildlife and forest resources of the Province (iii) for the establishment and maintenance of Public Registers of both

Plans and Policy Statements, and of Resource Management Orders (iv) for public awareness programmes and publications relating to the

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management of marine, wildlife and forest resources of the Province.

PART V ENFORCEMENT

22. Powers of Authorised Officers.

For the purposes of ascertaining whether there is or has been any contravention of the provisions of this Ordinance, any authorised officer may: (1) at all reasonable hours enter any establishment and premises, other than a

premises used exclusively as a dwelling house: (2) stop, board and search any foreign or local vessel or canoe within the

waters of the Western Province; (3) stop and search any vehicle transporting or reasonably suspected of

transporting any prohibited or protected species or products thereof; (4) make such examination and inquiry as may appear necessary to him

concerning any premises, establishment, vessel or vehicle in relation to which any of the powers conferred by this section have been or may be exercised and take samples of any prohibited or protected species found therein;

(5) require any person to produce his licence or his authority if it appears to the

authorised officer that such person is doing any act for which a licence or other authority is required under this Ordinance and take copies of such licence or other authority.

23. Powers of authorised officers without a warrant - (1) Where an authorised

officer has reasonable grounds for believing that an offence against the provisions of this Ordinance has been committed, he may without a warrant

(a) stop, board, search any local or foreign vessel, canoe or vehicle which he

believes has been used in the commission of that offence or in relation to which he believes such offence has been committed;

(b) search the packages belonging to any person, whether in their personal

possession or found within any premises, vehicle, vessel or canoe; (c) arrest any person whom he believes has committed such an offence, and

if the authorised officer making such arrest is not a police officer, he shall without unnecessary delay, hand over such person to a police officer or in the absence of a police officer, shall take such person to the nearest police station:

(d) seize any equipment, gear, explosive, poison or other noxious substance

which he believes has been used, carried, possessed or controlled in the commission of such offence;

(e) seize any species of Forest, Wildlife or Marine Resource, or product

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thereof, which he believes to have been taken in contravention of this Ordinance.

(2) The authorised officer concerned shall give a written receipt for anything seized

under subsection (1) to the person from whom the seizure is made (3) Anything seized under subsection (1) (d) may be detained pending the outcome of

any legal proceedings under this Ordinance. (4) Any species of Forest, Wildlife or Marine resource, or product thereof, seized

under subsection (1) (e) may be returned to its natural habitat forthwith where that is considered by the authorised officer to be necessary for its survival, or may otherwise be detained pending the outcome of any legal proceedings under this Ordinance.

24. Wilful obstruction. Any person who wilfully obstructs, assaults or threatens

with violence an authorised officer in the exercise of his powers shall be guilty of an offence and liable upon conviction to a fine not exceeding $1000.00 and/or imprisonment for up to 3 months.

25. Failure to comply with enquiry Any person who fails to comply with any

lawful enquiry made by any authorised officer under this Ordinance, shall be guilty of an offence and shall be liable upon conviction to a fine not exceeding $500.00

26. Identification of authorised officers Any Authorised Officer acting in the

exercise of his powers under this Ordinance shall, on demand, produce such document of identification or other evidence as may be reasonably sufficient to show that he is an authorised officer for the purposes of this Ordinance.

27. No liability of authorised officers. No authorised officer shall be personally

liable in respect of any act done or omitted by him in good faith in the execution or purported execution of his powers and duties under this Ordinance.

28. Destroying of evidence. Any person who destroys any species or product

thereof, or any equipment, gear, explosive, poison, noxious substance or any other thing whatsoever with the intent to avoid the seizure of the said substance or thing, or the detection of any offence and liable to a fine of not exceeding one thousand ($1,000) dollars.

29. Power of forfeiture. Where any person is convicted of an offence under this

Ordinance, the court may, in addition to any other penalty it may impose, order that any species, product thereof, equipment, gear or other substance used in the commission of such offence or in respect of which such offence has been committed, or the proceeds of sale of such species or product thereof or equipment, gear or other substance used in the commission of such offence, shall be disposed of in such manner as the Court may direct.

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30. Meaning of ‘person’ For the purposes of This Part of the Ordinance, any reference to the word ‘person means person, persons, body corporate, association, co-operative and any other body of persons.

SCHEDULE 1

PROHIBITED SPECIES OR CATEGORY OF RESOURCE Section 6

PART A (Subsection 6(1)) Prohibited Marine Resource Any of the following live marine resource not farmed or propagated subject to permit for commercial purposes.

Thdacna gigas - giant clam Tridactmderasa - smooth giant clam Ttidacnasouarnosa - fluted giant clam Ttidacna maxima - rugose giant clam Ttidanacnicea - boring clam Hippopus hippopus - horses hoof clam Charonia triponis - pacific trident Holothuria scabra - sandfish Oyster shell of the genus Pinctada All turtles of whatever species Any female crayfish of whatever species which is carrying eggs externally or from which the eggs have been removed. Any coconut crab of whatever species which is carrying eggs or from which eggs have been removed. Part B (Subsection 6(2)) Prohibited Wildlife Resource Any of the following live wildlife resource not farmed or propagated subject to permit for commercial purposes. Solomvs nonceleti - giant rat Solomvs sanieus - giant rat Hromvs rex - giant rat Pteralooex atrata – monkey-faced flying fox Pteralcoex ancens - monkey-faced flying fox Dobsonia - all species, naked-hack bats Macrodossus rninimus - dagger-toothed flower bat Melonvctehs - fruit bat Nvctimene - all species, tube-nosed bat Pteralopex - all species, fruit bat Pteropus - all species fruit bat Part C (Subsection 6(3)) Prohibited Forest Resource

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Any of the following live forest resource Saline swamp forest (Mangroves) Freshwater swamp forest (Terminalia spp and Metroxilon spp.)

SCHEDULE 2 PROTECTED SPECIES

Section 7 Part A (Subsection 7(1)) Protected species or category of Prescribed Min/max size Marine /Wildlife/Forest Resource Holothuria nobilis, black teatifish 11 cm dry (min) Holothuriaftiscon,mctata elephant trunk fish 12 cm dry (min) Thelenota ananas, prickly redfish 11 cm dry (min) Actinoyv Qaniliatis, blackfish 11 cm dry (min) Actinoyvga ecbimtis deep water redfish 5 cm dry (min) Panuliris, crayfish 8 cm (ruin) carapace length when

measured along the midline from immediately behind the rostral horn to the rear edge of the carapace.

Birgus latro - coconut crab 9 cm (min) when measured along the carapace from immediately behind the rostral horn to the rear edge of the carapace in the midline. Any trochus shell 8 cm (min) 12 cm (max) measured across the

base. Part B (Subsection 7(2)) Prescribed species or category of Quantity Prescribed Time Marine Wildlife/Forest Resource NIL Part C (Subsection 7(3)) Protected species or category of Prescribed Periods Prohibited Marine /Wildlife/Forest Resource Turbo marmoratus green snail. 10 years, 1994-2003 (inclusive) Turtle nests or eggs of whatever species June, July, August and November, December, January

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SCHEDULE 3 CUSTOMARY LAND RESOURCE ORDER REQUEST

AN APPLICATION affecting the land area, on the island Western Province, (*and including the reefs/lagoons adjacent to the land specified) delete if inapplicable The boundaries of the land are described as follows and as marked and outlined in red on the plan attached. 2. The Customary Land Resource Management Orders which we request the

Executive to make part of the laws of the Western Province are as follows: [Note: The following are examples only. You should clearly state here what marine resource, forest resource or wildlife resource prohibitions and protections you require. You may need to use a different form of wording from what is used here as an example.]

(a) No person is permitted within the area affected by this Order to take any of the prohibited species or categories of *marine resource/ *forest resource/*wildlife resource listed here.

* delete if inapplicable

(list species or categories)

(b) Within the area affected by the order no person is permitted to take any indigenous forest resource for the purpose of round log exporting.

(c) Within the area affected by the Order no person is permitted to take

for the purpose of exporting any of the following species or category of forest resource. (Name the prohibited species of forest resource.

(d) Within the area affected by the Order no person is permitted to take

for the purpose of exporting any of the following species of wildlife. (Name the prohibited species of wildlife.)

3. We do/do not [delete one] wish for the defence for persons indigenous to the

Solomon Islands provided by section 11 to apply to offences against this Order

4. We the undersigned acknowledge that we are aware that if this request is

approved by the Executive, and is not appealed against successfully, it will be gazetted in the Solomon Islands Gazette. It will then become part of the laws of the Western Province. There will be penalties for not obeying it. Once an Order is made than it can not be changed unless the Executive agrees to repeal it.

5. We the undersigned are all the qualified requesters.

We certify that we have discussed this Resource Order Request with the communities

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which will be affected by it, and that we substantially have their agreement to it. SIGNED by and on behalf of the land owning group/tribe. Names Signatures Title (if any) I The following is for official use only. We the Western Provincial Executive have on the day of 199 considered this Resource Order Request relating to the land.

We are satisfied that the request complies in all respects with the Western Province Resource Management Ordinance 1994 and hereby ENDORSE the request under the hand of the Premier, Western Province. Premier Signature Seal OR 2. We are NOT satisfied that the request complies in all respects with the Western Province Resource Management Ordinance 1994 The reasons we believe it does not comply are as follows. We therefore REJECT the request under the hand of the Prettier, Western Province. Premier Signature Seal Secretary to the Area Council hereby certify that l have displayed this Resource Order Request, endorsed by the Executive, in Village, and the first complete day it will be displayed is the day of 199 Secretary Area Council