186B Temporary closure of fisheries

(1)

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.

(2)

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 tāngata whenua in the exercise of non-commercial fishing rights.

(3)

A notice given under subsection (1) must be publicly notified.

(4)

A notice given under subsection (1)—

(a)

may be in force for a period of not more than 2 years and, unless sooner revoked, is revoked at the end of that 2-year period:

(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.

(5)

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.

(6)

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 tāngata whenua, environmental, commercial, recreational, and local community interests; and

(b)

provide for the participation in the decision-making process of tāngata whenua with a non-commercial interest in the stock or the effects of fishing in the area concerned, having regard to kaitiakitanga.

(7)

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.

(8)

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)

Iin any other case, to the penalty specified in section 252(6).

(9)

In this section, the term South Island fisheries waters has the same meaning as in the Ngāi Tahu Claims Settlement Act 1998.

Section 186B: inserted, on 1 October 1998, by section 311 of the Ngāi Tahu Claims Settlement Act 1998 (1998 No 97).

Section 186B(4)(a): replaced, on 17 December 2016, by section 48 of the Statutes Amendment Act 2016 (2016 No 104).