13 MARCH

NEW ZEALAND GAZETTE

733

Fisheries

Fisheries (Amateur Fishing) Regulations 1986

Fisheries (Customary Fishing) Notice 2003 (No. F242)

Pursuant to Regulation 27 (1) (a) and (b) of the Fisheries (Amateur Fishing) Regulations 1986, the Chief Executive of the Ministry of Fisheries hereby gives the following notice.

Notice

1. Title—This notice may be cited as the Fisheries (Customary Fishing) Notice 2003.

2. Commencement—This notice comes into force on 30 April 2003.

3. Interpretation—(1) In this notice, unless the context otherwise requires:

   Authorisation form means the form prescribed in the Schedule to this notice.

   Marae committee means any marae committee (whether incorporated or not) established for the purpose of managing or operating a marae.

   Māori Trust Board means any body declared by any enactment to be a Māori Trust Board within the meaning of the Māori Trust Boards Act 1955.

   (2) Any term or expression that is defined in the Fisheries Act 1996 or in the Fisheries (Amateur Fishing) Regulations 1986 and used, but not defined, in this notice has the same meaning as in the Act or in the Regulations.

4. Authorisation to take fish, aquatic life or seaweed for hui or tangi—The taking of fish, aquatic life or seaweed for the purposes of a hui or tangi is authorised under Regulation 27 (1) of the Fisheries (Amateur Fishing) Regulations 1986, if and only if, the taking is in accordance with this notice.

5. Requirements on person holding authorisation form—(1) No fish, aquatic life or seaweed may be taken under Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 unless the person taking the fish, aquatic life or seaweed:

   (a) holds an authorisation form issued to that person prior to the taking of the fish, aquatic life or seaweed and it has been completed in accordance with this notice; and

   (b) complies with the conditions specified in the authorisation form.

   (2) A person who is taking or has taken fish, aquatic life or seaweed under the authority of an authorisation form must, at all times while taking or possessing the fish, aquatic life or seaweed:

   (a) hold the authorisation form in his or her possession; and

   (b) produce the authorisation form to a fishery officer when requested to do so.

   (3) Fishing gear must have a surface buoy, float or tag securely attached to it that is clearly marked with the number of the relevant authorisation form if the fishing gear:

   (a) is used to take fish, aquatic life or seaweed by a person who has an authorisation form; and

   (b) is left unattended.

6. Authorisation forms—(1) Subject to subclause (2), an authorisation form may only be issued by an authorised representative of a marae committee, Māori committee, runanga or Māori Trust Board.

   (2) An authorisation form may only be issued under subclause (1) if:

   (a) the taking of fish, aquatic life or seaweed is for the purposes of a hui or tangi;

   (b) the taking of fish, aquatic life or seaweed is not commercial in any way or for pecuniary gain or trade;

   (c) the marae committee, Māori committee, runanga or Māori Trust Board represents the tangata whenua of the particular area to which the authorisation form relates;

   (d) the name and contact details of the authorised representative(s) of the marae committee, Māori committee, runanga or Māori Trust Board have been notified to the nearest office of the Ministry of Fisheries; and

   (e) a tangata kaitiaki/tiaki or tangata tiaki/kaitiaki has not been appointed, under the Fisheries (Kaimoana Customary Fishing) Regulations 1998 or the Fisheries (South Island Customary Fishing) Regulations 1999, within the particular area to which the authorisation form relates.

   (3) An authorised representative who issues an authorisation form in accordance with subclause (1) above must complete all parts of the authorisation form unless the authorisation form expressly provides otherwise.

   (4) All authorisation forms must be numbered in a sequence beginning from the first authorisation issued by the authorised representative.

   (5) An authorisation form is valid for a 48-hour period beginning on the date and at the time specified in the form.

7. Revocations—All prior notices made under Regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 are revoked.

Dated at Wellington this 4th day of March 2003.

W. R. TUCK, Chief Executive, Ministry of Fisheries.