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Wednesday, September 14, 2011

KARKUM CONSERVATION DEED




Sample of the Karkum Conservation Deed

1. Date of Deed

This Deed is hereby made on the 17th day of November 2008 and we declare that this
Deed binds members of UGERKEN, NENENG, GORKOM and NIWAP/KIRKUR Clans
from Karkum Village in the _SUMKAR__District of the Madang Province.

2. Parties to the Contract
2.1 It is acknowledged that only three (3) individuals (men or women) whom the
clan has chosen as their leader or spokesperson shall be signatories for and on
behalf of the Clan on this Conservation Deed.
2.2 We declare that the _ UGERKEN, NENENG, GORKOM and NIWAP/KIRKUR
Clans control those areas of land described and marked on the map attached to
this Deed.

3. Term of the Contract
3.1 We recognize that this Deed is a legal document which binds the parties to
their promises and can be enforced in the National court of Justice.
3.2 We agree that this Deed shall take effect commencing on and from the date of
execution of this Deed and shall remain in effect for a period of five (5) years,
that we the people shall conserve our land and sea, including the forests, waterresources,
native plants and the animals in their current state.
3.3 We agree that this Deed shall take effect over the land and sea area as
designated in the Map attached and marked as Schedule D.

4. Conservation Area Management Rules
4.1 We agree that we will not kill and eat or kill and dump all turtle species from the
open ocean and river within the conservation area.
Penalty: Offenders will be charged a fine of K200.00 and or 6
months community service.
4.2 We agree that we will not dig and remove eggs for all turtle species that come
and lay eggs on the sand dunes.
Penalty: Offenders will be charged to pay a fine of K200.00 and or
6 months community service.
4.3 We agree that we will not use poison ropes, dynamite, fishing nets, diving at
night using spear guns and any other modern or traditional fishing methods
within the conservation area.
Penalty: Offenders will be charged to pay a fine of K200.00 and or
6 month community service.
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4.4 We agree that we will not cut trees, shrubs and vines near the beach within the
conservation area.
Penalty: Offenders will be charged to pay a fine of K100.00 and or 4 months
community service.
4.5 We agree that we will not make any fire or roam with torch and lamp within the
Conservation Area. Only the Sea Turtle Restoration Project Committee has the
power to authorise anyone with interest or concerns to do such things within the
Conservation Area.
Penalty: Offenders will be charged to pay a fine of K100.00 and or 4 months
community service.
4.6 We agree that we will not throw all kinds of rubbish or garbage such as plastic,
bottle, tin, iron, laplap, battery, oil, and paper within the conservation area that
will disturb people’s minds to clean and keep safe our environment.
Penalty: Village offenders will be charged to pay a fine of K100.00 and or 4
months community service. Corporations will be charged to pay a fine of
K1000.00
4.7 We agree that we will not collect or destroy other wildlife in the sea such as
echinoderms, molluscs, sea grasses, etc. within the conservation area.
Penalty: Offenders will be charged to pay a fine of K100.00 and or 4 months
community service.
4.8 We agree that we will not remove or disturb reefs in the sea or on the beach
within the conservation area.
Penalty: Offenders will be charged to pay a fine of K100.00 and or 4 months
community service.

5. Clan Rights and Obligations
5.1 We acknowledge and accept that this Deed is subject to the Laws of the
Independent State of Papua New Guinea and is guided by the Common Law
Principles of Contract.
5.2 We acknowledge and accept that this Deed binds all who identify themselves
with the Clans mentioned herein, and can be upheld in any Court of Law in PNG.
5.3 All mature natural persons found to be in violation of any of the rules of
Management under Section 4, will be penalized accordingly upon reasonable
proof being shown and determined on a balance of probabilities.
5.4 We acknowledge and accept that all monetary fines collected will be paid to the
designated Environment Sub-Committee of the Duargo Community Development
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Association and shall be managed and used for community projects as approved
by all the Clans.
5.5 We acknowledge and accept the need for cooperation to find, develop and
manage developments occurring on the land, beneath the land and under the
sea.
5.6 We acknowledge and accept that this Deed constitutes the entire Agreement
between the four (4) Clans.

6. General Provisions
6.1 This Agreement shall remain in effect and shall not be affected;
(a) in event of death,
(b) in event of unsoundness of mind,
(c) in event of a conviction in a court of law,
(d) in event of being declared bankrupt,
any or all of the Clan representatives who have endorsed this Agreement for and
on behalf of their Clan.
6.2 Where a situation under Section 6.1.1(a)-(d) occurs, the Clans shall;
(a) immediately appoint a date to meet,
(b) they will take steps to nominate and appoint a new
representative,
(c) the successful party will be nominated by a two
thirds majority of voting age member of the clan
present.
6.3 The new representative shall take immediate steps to;
(a) within 7 days to notify the other three (3) Clans in
writing, and
(b) shall accompany the Notice with a Minute of the
Meeting, and
(c) The minute shall be endorsed by three (3) most
elder clans men or women as nominated by the Clan during the
same meeting.

Verification of Signatures
We the undersigned hereby endorse our signature on this Conservation Deed as contained
under Schedules A, B and C for and on behalf of the Government, respective community
Association and Clans and undertake that we have done so after fully reading and
understanding the purpose of this document during this launching ceremony at Karkum
village on the 17th of November 2008:

4 SCHEDULE A
Chairman – Tokain-Sarang Village Court
Name Address Signature
Tamol Dalek Mathew P.O.Box 788, Madang ____________________
President – Sumgilbar Local Level Government
Name Address Signature
John Sekum P.O.Box 788, Madang ____________________
Ward 7 Member – Sumgilbar Local Level Government
Name Address Signature
Peter Nambon P.O.Box 788, Madang ____________________
SCHEDULE B
These following men and women who represent the four clans have signed:
UGERKEN CLAN
Name Signature
1. Willie Mulom _____________________
2. Larry Yapen _____________________
3. Danip Yaiam _____________________
NINENG CLAN
Name Signature
1. Mathew Dalek ____________________
2. Francis Nabuai ___________________

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3. Dominic Nambon ____________________
NIVAP/KIRKUR CLAN
Name Signature
1. Willie Mayang ____________________
2. Willie Karem ____________________
3. Vincent Nanai ____________________
GORKOM CLAN
Name Signature
1. John Pakang ____________________
2. Joseph Labi ____________________
3. Wong Toles ____________________
SCHEDULE C
Sea Turtle Restoration Project Committee Members’ Names (DUARGO COMMUNITY DEV.
ASSOCIATION)
Name Signature Clan
1. Francis Nanai ____________________ ____________________
2. Lennon Mulom ____________________ ____________________
3. Vero Aimos ____________________ ____________________
4. Dick Akaski ____________________ ____________________
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SCHEDULE D 7
I, hereby certify this to be a true reflection of the communities desires to conserve and manage
their land and sea as identified with by the accompanied map with the accompanied rules
herein. This Deed shall be binding on all parties that have jointly and or severally endorsed their
respective signatures on this document.
Dated: day of 2008.

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