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