CUSTOMARY FISHING REGULATION 27A IWI/AUTHORISED REPRESENTATIVES PRESENTATION.

CUSTOMARY FISHINGCUSTOMARY FISHING

REGULATION 27AREGULATION 27A

IWI/AUTHORISED IWI/AUTHORISED REPRESENTATIVESREPRESENTATIVES

PRESENTATIONPRESENTATION

COURSE OUTLINE

9.30am: Karakia, Mihi10.00am: Morning Tea  10.30am: Introduction and Outline

11.00am-12.00pm: Explanation of Regulation 27A

12.00pm – 1.00pm: Lunch1.00pm-1.40pm: Authorisation Form

1.40pm – 3.00pm: General Discussion3.00pm: Afternoon Tea

Poroporoaki

Background Continued

• Poaching and Black market activity

• New Regulations / Notice effective from 1 March 2006

EXPLANATION OF REGULATION 27A

NoticeFisheries (Customary Fishing) Notice 2006 (No. F )

Pursuant to regulation 27A(1) of the Fisheries (Amateur Fishing) Regulations 1986, the Chief Executive of the Ministry of Fisheries gives the following notice.

N o t i c e

1. Title – This notice is the Fisheries (Customary Fishing) Notice 2006.2. Commencement – This notice comes into force on 1 March 2006.3. Interpretation – In this notice, “authorisation” means an authorisation granted pursuant to regulation 27A of the Fisheries(Amateur Fishing) Regulations 1986.4. Requirements on person holding authorisation –(1)No person may take fish, aquatic life or seaweed under regulation 27A of the Fisheries (Amateur Fishing) Regulations 1986 unless the person holds an authorisation that:

(a) has been issued and completed in accordance with regulation 27A of the Fisheries (Amateur Fishing) Regulations 1986; and

Notice cont . . (b) has been issued prior to the taking of the fish, aquatic life or

seaweed

(2) A person who holds an authorisation must comply with the conditions and notes specified in the authorisation. (3) A person who is taking or has taken fish, aquatic life, or seaweed under an authorisation must, at all times while taking or possessing the fish, aquatic life, or seaweed, keep a copy of the authorisation and produce the copy to a fishery officer if requested to do so.(4) Any fishing gear used by a person taking fish, aquatic life, or seaweed under an authorisation must, if the gear is left unattended, have a surface buoy, float, or tag securely attached to it that is clearly marked with the person’s relevant authorisation number.5. Revocations – All prior notices made under regulation 27 of the Fisheries (Amateur Fishing) Regulations 1986 are revoked.

Dated at Wellington this day of January 2006

J. P. Glaister Chief Executive, Ministry of Fisheries

Authorisation Purpose

• kohi kaimoana• kai roto• kai awa• only species managed by Ministry of

Fisheries• taking of fish, aquatic life or seaweed for

Hui or Tangi only• taking must be in accordance with the

Regulations and Notice.

Authorisations may only beissued by:

• Marae Committees

• Maori Committees

• Runanga

• Maori Trust Board

Authorisation Form

• Free from MFish (Pre numbered)

• If alternative form is used it must be given a unique sequential number from the first form issued and be in the same format as per the schedule

Authorisation to be on an approved form

• Made in writing

• Prescribed as per schedule

Authorised Representative must:

• Complete all required information on the forms

• Be aware that; if the optional sections filled out they become a legal requirement for harvesters

Authorisation may only beissued if:

• Purpose for Hui or Tangi.• Issuing organisation represents Tangata

Whenua of the area to be fished and the individual who is authorising the form has the mandate of one of the four specified organisations.

• The name and contact details of the Authorised Representative have been notified to MFish.

• Authorised Representative is satisfied that the fish, aquatic life or seaweed to be taken under the authorisation will not be taken for commercial purposes, pecuniary gain or trade.

• The area issued for is not gazetted for Kaimoana or South Island Customary Regs

Requirements for Harvesters

• Must have an authorisaiton issued prior to taking.

• Must have a form completed as per the Schedule.

• Taking must comply with conditions specified.

• Must have authorisation in possession during taking and possession.

• Must produce the authorisation form to a Fishery Officer when requested.

John Smith Snr

Full Address of Authorisation Holder

56 Main Road, Bayfair TAURANGA

Signature of Authorisation holder and phone number

07 3657194XXXXXXXXXXXXXXXX

Rangi Haapu, Charles Spencer, John Smith Jnr

Terrance Blake

Circle Hui or Tangi

EG: Tauranga Marae AGM

Tuapae Marae, 24 TuapaeSt, TGA

Date of Hui/Tangi and contact ph No of venue

23/06/2006 07 3645789

Paua

Crayfish

50 in number

25kg

Jackson Bay

Pot Reef Sth end

Mana Boat Ramp

Mana Boat Ramp

50

20kg

Full Name of Authorisation Holder

Full address of venue

Full name of all Harvesters who will gather for this authorisation

Do not leave any blank lines or spaces

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx

Each authorisation must state the Species that may be taken

Specify the area where the Kaimoana is to be

gathered.

This is to enable you to manage your resources at a sustainable level

Be specific in relation to actual numbers or green weight,

on each line.

Sacks, Bins, Bags etc cannot be used as a form of measure

State the landing point where the kaimoana

is to be landed, name between two

landmarks. Be specific

The Authorisation holder to

complete the actual quantity

taken and forward to the

Kaitiaki if required to do

so

State the reason for the Hui

125mm for Paua, 60mm Female Cray, 54mm Male Cray

Snorkel only for Paua, Cray potting for CrayfishState the minimum size limit for each species and the method to be used to harvest each species

Circle one or the other, its good to keep a check on the stocks of a particular area

Complete your full name, who you represent, the full address of the Marae/Maori Committee/Maori Trust Board, Runanga and contact Ph number

Sign and date the form

John GRAHAM

Tauranga Marae

64 Tuapae Road, TAURANGA 07 3456789

XXXXXXXXXXXXX 24/05/06

Complete the date and time

25/05/2006 1.30pm

Marking of Static fishing gear

Suggest Name and Ph No as well

Point of Interest

•Purpose Hui or Tangi.•Tangi is self-explanatory•Hui is a gathering – “in the traditional sense”

•Regulation 27A overrides regulations made pursuant to the Fisheries Act 1996.

•Regulation 27A only apply to regulations that cover amateur fishing and impose restrictions on the taking of fish, aquatic life or seaweed

Points of Interest….continued 2

• It does not override the Conservation Act the Marine Reserves Act or their associated Regulations

• It does not override Fisheries Act (ie) 186 closures

• It does not override Commercial Regulations

• It does not override Rohe Moana declared under Kaimoana or South Island Customary Regulations

Points of Interest.…continued 3

• Authorisations should be issued unaltered.

• If mistakes are made cross out the form entirely and redo another authority.

• Ensure that no alterations can be made once the authorisation has been issued to the fisher.

Offences and Penalties

Note:Failure to produce the authorisation form on request to a Fishery Officer will negate its validity

Offences and Penalties - FishersOffences and Penalties - Fishers

• Infringement Notices for– 2x daily limit - $250 infringement fee– 3x daily limit - $500 infringement fee

• Less serious offences carry maximum penalties of $10,000

Offences and Penalties – Fishers Offences and Penalties – Fishers cont .cont .

•Serious Non-commercial offences carry maximum penalties of $20,000

– More than 3 times daily limit of fish/shellfish

– Taking, possessing, disturbing more than 50 toheroa

•In very serious cases charges may be laid which carry a maximum penalty of up to $250,000.•Ministry carries out enforcement

Offences and Penalties –Authorised Representative

$10,000 maximum• Not in the form as per regulations• Not an authorised representative• Name and contact details not notified• Does not represent Tangata Whenua• Authorisation issued for K and SI regs

Offences and Penalties – Authorised Representatives

cont…

• Authorisation issued for financial gain, trade etc

• No unique serial number• Date and or time not shown• All sections not completed

(except optional)• Fails to keep a copy• Fails to produce a copy• Is not an agent but purports to be one

GENERAL DISCUSSION• Regulation 27A is a defence• Kaimoana Regs give management rights• Kaimoana Regs allow the establishment

of Mataitai and bylaws and more management input

• Kaimoana Regs allow for verbal authorisations

• Kaimoana Regs allow collection for discretionary reasons

• Regulation 27A only allows for collection for Hui or Tangi