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