Sea-fisheries Amendment Act 1903
Sea-fisheries Amendment Act 1903
Sea-fisheries Amendment Act 1903
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Sea-fisheries Amendment Act 1903
Public Act |
1903 No 32 |
|
Date of assent |
11 November 1903 |
|
Contents
An Act to amend the Law relating to Sea-fisheries.
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:—
1 Short Title.
The Short Title of this Act is “The Sea-fisheries Amendment Act, 1903”
; and it shall form part of and be read together with “The Sea-fisheries Act, 1894”
(hereinafter referred to as “the principal Act”
).
2 All fishing-boats to be licensed.
(1.)
The provisions of section eight of the principal Act (relating to the licensing of fishing-boats) are hereby extended to all boats used or intended to be used for taking fish or oysters for sale.
(2.)
The principal Act is hereby amended,—
(a.)
As to section three thereof:—
(i)
By repealing the words “as defined by any Act relating to salmon,”
in the definition of “fish,”
and substituting in lieu thereof the words “or trout”
;
(ii.)
By repealing the words “taking oysters,”
in the definition of “sea-fishing boat,”
and substituting in lieu thereof the words “sea-fishing”
:
(b.)
As to section five thereof: By repealing the words “oyster-fisheries,”
in subsection two thereof, and the words “taking oysters”
(wherever they occur) in subsection five thereof, and in each case substituting in lieu thereof the word “fishing”
:
(c.)
As to section eight thereof: By repealing the words “oyster-fishing”
(wherever they occur), and substituting in lieu thereof the word “fishing”
; and also by repealing the words “for the taking of any oysters,”
in subsection two thereof:
(d.)
As to sections nine and ten thereof: By repealing the words “the taking of oysters”
(wherever they occur in those sections), and substituting in lieu thereof the word “fishing.”
3 License fees.
(1.)
The fee payable in respect of every such license shall be as follows:—
(a.)
In the case of boats of five tons register and upwards the sum of ten shillings; and
(b.)
In the case of boats under five tons register, the sum of five shillings.
(2.)
Where a license is issued after the thirtieth day of June in any year, the sum payable in respect of such license shall be one-half of the prescribed fee.
Duration of licenses.
(3.)
Every license in respect of a fishing-boat shall remain in force only until the thirty-first day of December in the year in which it was issued.
Tonnage, how ascertained.
(4.)
The Governor in Council may from time to time make regulations for defining the manner in which the tonnage of boats shall be ascertained for the purposes of this section.
4 Returns of fish caught or cured.
(1.)
The owners of licensed sea-fishing boats and fish-curers shall make returns to the Marine Department, in such form and at such periods as may be prescribed by the Governor in Council, of all fish which are caught or cured by them respectively.
(2.)
Every person who fails to furnish the returns required by this section is liable to a fine not exceeding ten pounds.
5 Licenses for taking oysters.
(1.)
The annual fee payable in respect of a license under section sixteen of the principal Act shall be such sum (not exceeding two pounds) as the Governor by Order in Council determines; and such Order may apply generally to the whole of New Zealand or to any specified part thereof, and so that such fee may vary in different parts of New Zealand.
(2.)
The Minister may at any time cancel any license granted under the last-mentioned section, if it is shown to his satisfaction that the holder of the license has within the last preceding twelve months committed any breach of the regulations under which the license was granted.
6 Date of open season for rock oysters.
The open season for rock oysters shall commence on the first day of May and end on the thirty-first day of October in each year:
Provided that nothing herein shall affect the power conferred by the principal Act on the Governor in Council to make regulations prescribing in any place a close season for rock oysters over any term not exceeding three years, and before the expiration of such term extending the same.
7 Opening and bottling oysters for sale on the bed prohibited.
It shall be unlawful for any person to open and bottle on any oyster-bed oysters for sale.
8 Exclusive license may be granted to owner of foreshore without competition.
Section twenty-one of the principal Act (relating to the grant of exclusive oyster licenses) is hereby amended by adding thereto the following proviso:—
“Provided that a license may be granted, at such rent and subject to such conditions as the Minister may determine, to the owner or occupier of land fronting the foreshore included in the license, without public tender or auction.”
9 Experimental oyster-farms.
The Governor may from time to time set apart any area for the establishment of an experimental oyster-farm, which shall be worked under the direction of the Minister.
10 Boards of Management of fish-hatcheries.
The Governor may from time to time appoint Boards of Management for fish-hatcheries, and such Boards shall have such powers with respect to the hatcheries for which they are appointed as the Governor from time to time by regulations declares.
11 Penalty for destroying fresh fish.
Every person employed upon any licensed boat or any fish-salesman who wilfully destroys or causes to be destroyed any fresh fish fit for human consumption is liable to a fine not exceeding ten pounds.
12 Fees to be paid into Consolidated Fund.
(1.)
From and after the commencement of this Act all fees payable in respect of license fees under the principal Act or this Act shall be paid into the Public Account and form part of the Consolidated Fund: Provided that whenever in any year there remains, after deducting from the license fees so received all expenses of or incidental to the administration of the principal Act, any surplus, such surplus shall, without further appropriation than this Act, be paid by the Colonial Treasurer to the local authority within whose district is situated that part of the foreshore on which the fishery abuts.
Repeal.
(2.)
Section sixty-nine of the principal Act is hereby repealed.
13 Power of search extended to conveyances.
The power of entry and search conferred by section two of “The Sea-fisheries Act Amendment Act, 1895,”
shall extend to and may be exercised in the case of any description of conveyance.
14 Saving of Maori fishing rights.
Nothing in this Act shall affect any existing Maori fishing rights.
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Versions
Sea-fisheries Amendment Act 1903
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