Fisheries (Kaimoana Customary Fishing) Regulations 1998

28 Power to restrict or prohibit fishing in mātaitai reserve

(1)

The Tangata Kaitiaki/Tiaki of a mātaitai reserve may make bylaws restricting or prohibiting the taking of fisheries resources from within the whole or any part of a mātaitai reserve for any purpose that the Tangata Kaitiaki/Tiaki considers necessary for the sustainable utilisation of the fisheries resources in that mātaitai reserve.

(2)

Bylaws made under this regulation may impose restrictions or prohibitions relating to all or any of the following matters:

(a)

the species of fish, aquatic life, or seaweed that may be taken:

(b)

the quantity of each species that may be taken:

(c)

size limits relating to each species to be taken:

(d)

the method by which each species may be taken:

(e)

the area or areas in which each species may be taken:

(f)

any other matters the Tangata Kaitiaki/Tiaki considers necessary for the sustainable utilisation of fisheries resources in that mātaitai reserve.

(3)

Bylaws made under this regulation apply generally to all persons fishing in the mātaitai reserve.

(4)

Bylaws made under this regulation must be deposited with the office of the Ministry nearest the mātaitai reserve and also at a place designated by the chief executive, that must be open during office hours for the inspection of, and for the purposes of receiving submissions from, the public for at least 15 working days immediately before the date on which the restriction or prohibition is notified to the Minister under regulation 29.

(5)

The chief executive must notify in a newspaper circulating in the locality of the mātaitai reserve the fact that a bylaw has been deposited under subclause (4) and the place where that bylaw may be inspected.

(6)

Any submissions made by the public must be sent to the Tangata Kaitiaki/Tiaki.

(7)

A Tangata Kaitiaki/Tiaki may amend any bylaw deposited with the Ministry under subclause (4), in light of any submission received, and need not deposit the amended bylaw with the Ministry before notifying the Minister of that restriction or prohibition under regulation 29.