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Section 186A FA 1996


Section 186A Fisheries Act 1996

 

PART 9 - Taiapure -Local Fisheries and Customary Fishing

Customary fishing

186A.Temporary closure of fishing area or restriction on fishing methods-

  1. The Minister may from time to time, by notice in the Gazette,-

(a)Temporarily close any area of New Zealand fisheries waters [[ (other than South Island fisheries waters as defined in section 186B(9) ) ]] in respect of any species of fish, aquatic life, or seaweed; or

(b)Temporarily restrict or prohibit the use of any fishing method in respect of any area of New Zealand fisheries waters [[ (other than South Island fisheries waters as defined in section 186B(9) ) ]] and any species of fish, aquatic life, or seaweed.

  1. The Minister may impose such a closure, restriction, or prohibition only if he or she is satisfied that it will recognise and make provision for the use and management practices of tangata whenua in the exercise of non-commercial fishing rights by-

(a)Improving the availability or size (or both) of a species of fish, aquatic life, or seaweed in the area subject to the closure, restriction, or prohibition; or

(b)Recognising a customary fishing practice in that area.

  1. Before imposing a fishing method restriction or prohibition under subsection (1)(b) , the Minister must be satisfied that the method is having an adverse effect on the use and management practices of tangata whenua in the exercise of non-commercial fishing rights.
  2. A notice given under subsection (1) must be publicly notified.
  3. A notice given under subsection (1) -

(a)May not be in force beyond 2 years after the date of its notification in the Gazette :

(b)Subject to paragraph (a) , may be expressed to be in force for any particular year or period, or for any particular date or dates, or for any particular month or months of the year, week or weeks of the month, or day or days of the week.

  1. Nothing in subsection (5)(a) prevents a further notice being given under subsection (1) in respect of any species and area before or on or about the expiry of an existing notice that relates to that species and area.
  2. Before giving a notice under subsection (1) , the Minister must-

(a)Consult such persons as the Minister considers are representative of persons having an interest in the species concerned or in the effects of fishing in the area concerned, including tangata whenua, environmental, commercial, recreational, and local community interests; and

(b)Provide for the input and participation in the decision-making process of tangata whenua with a non-commercial interest in the species or the effects of fishing in the area concerned, having particular regard to kaitiakitanga.

  1. A person commits an offence who, in contravention of a notice given under subsection (1),-

(a)Takes any fish, aquatic life, or seaweed from a closed area: or

(b)Takes any fish, aquatic life, or seaweed using a prohibited fishing method.

  1. A person who commits an offence against subsection (8) -

(a)Is liable to the penalty specified in section 252(6) if-

(i)The person is an individual other than a commercial fisher; and

(ii)The person satisfies the court that the fish, aquatic life, or seaweed was taken otherwise than for the purpose of sale:

(b)Is liable to the penalty specified in section 252(5) in every other case. ]

 

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