2276
THE NEW ZEALAND GAZETTE.
[No. 58

REGULATIONS.

1. NOTWITHSTANDING anything contained in the principal regulations, fishing for pearl-shell by means of diving-machines shall be permitted in both the northern reserve of Penrhyn and the southern reserve of Penrhyn from the date of the coming into force of this Order in Council until the 31st day of December, 1929, but shall thereafter only be permitted during the times set out in clause 8 of the principal regulations.

2. Fishing for pipi pearls by means of diving-machines shall be permitted in both the northern reserve of Penrhyn and the southern reserve of Penrhyn from the date of the coming into force of this Order in Council until the 31st day of December, 1929 :

Provided, however, that only diving-machines which are for the time being licensed pursuant to the provisions of Part III of the principal regulations shall be permitted to fish for pipi pearls. No additional fee shall be payable.

3. It shall be the duty of the Resident Agent to compel all persons using diving-machines for pipi pearls to dive only in the deeper parts of the lagoon in order that the shallower parts thereof may be reserved for naked diving. Any person failing to obey any direction of the Resident Agent in this respect shall be guilty of an offence punishable by a fine not exceeding ten pounds (£10). On a second or subsequent conviction for the same offence a Judge or Commissioner of the High Court may, in addition to the infliction of a fine, declare the diving-machine license held by any person so convicted to be revoked, and such license shall thereupon be void and of no effect, and the holder thereof shall forthwith surrender such license to the Resident Agent to be cancelled.

4. No person, other than a native of the Island of Penrhyn, or a person holding a diving-machine license as above mentioned, shall fish for pipi pearls unless he is the holder of a license so to do issued by the Resident Agent of Penrhyn under the following conditions :—

(a) The fee payable for such license shall be the annual sum of three pounds, and the same fee shall be charged for any portion of the year as for the whole year.

(b) Every license shall expire on the 31st day of December in each year.

(c) No such license shall be issued to any person who is not a British subject by birth or naturalization: Provided, however, that if the applicant for a license is a “Native” as defined by the Cook Islands Act, 1915, and is married to a native of Penrhyn, a license may be issued to such applicant if approved by resolution of the Island Council of Penrhyn.

(d) If upon information laid by the Resident Agent it is proved to the satisfaction of a Judge or Commissioner of the High Court that any person to whom a license has been granted under this regulation has obtained such license by fraud, misrepresentation, or mistake, or has acted in an improper manner in exercising the rights conferred by the license, such Judge or Commissioner may declare the license held by such person to be revoked, and such license shall thereupon be void and of no effect, and the holder thereof shall forthwith surrender such license to the Resident Agent to be cancelled.

5. No person shall open any pipi pearl-shell elsewhere than on the lagoon, and every person who opens any pipi shell shall forthwith return the spawn to the water.

6. (1) It shall be lawful for the Island Council of Penrhyn from time to time, by resolution publicly notified, to fix a close season or seasons for the whole or any part of the lagoon at Penrhyn: Provided, however, that no such close season or seasons shall, in respect of any part of the lagoon, exceed six months in any one calendar year.

(2) Every resolution of the said Island Council fixing a close season shall be submitted to the Resident Commissioner for his approval. In case of disapproval the close season shall nevertheless remain in force until disapproval is made known to the Resident Agent at Penrhyn and publicly notified by him.

(3) No person shall during any close season so fixed fish or dive for pipi pearls in any part of the said lagoon for which such close season has been so fixed.

7. These regulations shall be read together with, and deemed to form part of, the principal regulations.

F. D. THOMSON,
Clerk of the Executive Council.