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CUSTOMARY FISHING REGULATION 27A IWI/AUTHORISED REPRESENTATIVES PRESENTATION

CUSTOMARY FISHING REGULATION 27A IWI/AUTHORISED REPRESENTATIVES PRESENTATION. COURSE OUTLINE. 9.30am: Karakia, Mihi 10.00am: Morning Tea 10.30am: Introduction and Outline 11.00am-12.00pm: Explanation of Regulation 27A 12.00pm – 1.00pm: Lunch

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CUSTOMARY FISHING REGULATION 27A IWI/AUTHORISED REPRESENTATIVES PRESENTATION

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  1. CUSTOMARY FISHING REGULATION 27A IWI/AUTHORISED REPRESENTATIVES PRESENTATION

  2. COURSE OUTLINE 9.30am: Karakia, Mihi 10.00am: Morning Tea 10.30am: Introduction and Outline 11.00am-12.00pm: Explanation of Regulation 27A 12.00pm – 1.00pm: Lunch 1.00pm-1.40pm: Authorisation Form 1.40pm – 3.00pm: General Discussion 3.00pm: Afternoon Tea Poroporoaki

  3. BackgroundContinued • Poaching and Black market activity • New Regulations / Notice effective from 1 March 2006

  4. EXPLANATION OF REGULATION 27A

  5. Notice Fisheries (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 – • 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

  6. 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

  7. 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.

  8. Authorisations may only beissued by: • Marae Committees • Maori Committees • Runanga • Maori Trust Board

  9. 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

  10. Authorisation to be on an approved form • Made in writing • Prescribed as per schedule

  11. 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

  12. 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

  13. Requirements for Harvesters • Must have an authorisaiton issued prior to taking. • Must have a form completed as per the Schedule. • Taking must comply with conditionsspecified. • Must have authorisation in possession during taking and possession. • Must produce the authorisation form to a Fishery Officer when requested.

  14. State the landing point where the kaimoana is to be landed, name between two landmarks. Be specific Full Name of AuthorisationHolder Full Address of Authorisation Holder Signature of Authorisation holder and phone number Do not leave any blank lines or spaces XXXXXXXXXXXXXXXX The Authorisation holder to complete the actual quantity taken and forward to the Kaitiaki if required to do so 07 3657194 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 xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Rangi Haapu, Charles Spencer, John Smith Jnr Specify the area where the Kaimoana is to be gathered. This is to enable you to manage your resources at a sustainable level State the reason for the Hui Full name of all Harvesters who will gather for this authorisation xxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxxx Each authorisation must state the Species that may be taken Terrance Blake Full address of venue Circle Hui or Tangi Date of Hui/Tangi and contact ph No of venue John Smith Snr 56 Main Road, Bayfair TAURANGA EG: Tauranga Marae AGM Tuapae Marae, 24 TuapaeSt, TGA 23/06/2006 07 3645789 Mana Boat Ramp Mana Boat Ramp Paua Crayfish 50 in number 25kg Jackson Bay Pot Reef Sth end 50 20kg

  15. 125mm for Paua, 60mm Female Cray, 54mm Male Cray Snorkel only for Paua, Cray potting for Crayfish State the minimum size limit for each species and the method to be used to harvest each species Complete your full name, who you represent, the full address of the Marae/Maori Committee/Maori Trust Board, Runanga and contact Ph number Circle one or the other, its good to keep a check on the stocks of a particular area John GRAHAM Complete the date and time Tauranga Marae Sign and date the form 64 Tuapae Road, TAURANGA 07 3456789 Marking of Static fishing gear Suggest Name and Ph No as well XXXXXXXXXXXXX 24/05/06 25/05/2006 1.30pm

  16. 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

  17. 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

  18. 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.

  19. Offences and Penalties Note: Failure to produce the authorisation form on request to a Fishery Officer will negate its validity

  20. Offences 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

  21. Offences and Penalties – Fishers 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

  22. 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

  23. 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

  24. 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

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