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Fisheries Act 1996

Miscellaneous provisions - Provisions relating to notices

311: Areas closed to commercial fishing methods

You could also call this:

"Places where commercial fishing is not allowed to help recreational fishers"

Illustration for Fisheries Act 1996

The Minister can recommend closing an area to commercial fishing if you and other recreational fishers are not catching enough fish. This can happen if commercial fishing is stopping you from catching your allowed amount of fish. The Minister must talk to people who are interested in this issue before making a decision. The Minister can also stop certain commercial fishing methods in an area if it helps you and other recreational fishers. They must follow the rules of the Maori Fisheries Act 1989, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, and Part 9. If the Minister decides to recommend closing an area or stopping certain fishing methods, they will tell you and other interested people why they made this decision. The Minister will only make this decision after talking to you and considering a dispute about the issue under Part 7. They must be satisfied that everyone tried to resolve the issue but could not agree. The Minister will then recommend making regulations under section 297 to help recreational fishers like you.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM399964.

Topics:
Environment and resources > Farming and fishingMoney and consumer rights > Industry rulesMāori affairs > Treaty of Waitangi
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Part 16Miscellaneous provisions
Provisions relating to notices

311Areas closed to commercial fishing methods

  1. The Minister may, where—

  2. catch rates by recreational fishers for a stock are low; and
    1. such low catch rates have a significant adverse effect on the ability of recreational fishers to take their allowance for that stock; and
      1. the low catch rates are due to the effect of commercial fishing for the stock in the area or areas where recreational fishing for the stock commonly occurs; and
        1. a dispute regarding the matter has been considered under Part 7 and the Minister is satisfied that all parties to the dispute have used their best endeavours in good faith to settle the dispute but have failed to do so,—
            1. after consulting with such persons or organisations as the Minister considers are representative of those classes of persons who have an interest in the matter, recommend the making of regulations under section 297 that close an area or areas to commercial fishing for that stock, or prohibit a method or methods of commercial fishing in an area or areas for that stock for the purpose of better providing for recreational fishing for that stock, provided that such regulations are not inconsistent with the Maori Fisheries Act 1989, the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992, or Part 9.

          1. After determining to recommend the making of regulations under subsection (1), the Minister shall, as soon as practicable, give to the parties consulted in accordance with that subsection reasons in writing for his or her decision.