Home - option4.co.nz The more people we can get involved in these issues the better
   
SEARCH THIS SITE


Advanced Search

Promote option4

Please help option4

 

 

Section 186B FA 1996


Section 186B Fisheries Act 1996

 

PART 9 - Taiapure -Local Fisheries and Customary Fishing

Customary fishing

186B.Temporary closure of fisheries-

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

    (a)Temporarily close any area of South Island fisheries waters 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 South Island fisheries waters and any species of fish, aquatic life, or seaweed.

  2. The chief executive may impose such a closure, restriction, or prohibition only if the chief executive considers that-

    (a)It is likely to assist in replenishing the stock of the species of fish, aquatic life, or seaweed in the area concerned; or

    (b)It is likely to assist in recognising and making provision for the use and management practices of tangata whenua in the exercise of non-commercial fishing rights.

  3. A notice given under subsection (1) must be publicly notified.

  4. 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.

  5. Nothing in subsection (4)(a) prevents a further notice being given under subsection (1) in respect of any stock and area before or on or about the expiry of an existing notice that relates to that stock and area.

  6. Before giving a notice under subsection (1) , the chief executive must-

    (a)Consult such persons as the chief executive considers are representative of persons having an interest in the stock 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 participation in the decision-making process of tangata whenua with a non-commercial interest in the stock or the effects of fishing in the area concerned, having regard to kaitiakitanga.

  7. Every 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.

  8. A person who commits an offence against subsection (7) is liable,-

    (a)In the case of a commercial fisher, to the penalty specified in section 252(5) :

    (b)In any other case, to the penalty specified in section 252(6).

  9. In this section, the term "South Island fisheries waters" has the same meaning as in the Ngai Tahu Claims Settlement Act 1998 . ]

 

TOP

 

site designed by axys © 2003 option4. All rights reserved.