Marine Resources (Shark Conservation) Regulations 2012

MARINl': RESOURCES (SHARK CONSERVATION) REGULATIONS 2012 �v� {1e Sir Frederick Goodwin, K8E Queen's Representative ' Order in Executive Counc)l--) � At Avarua, Rarot.onga this /9 //4 day of C,Le'� 2012 Present: His Excellency the Queen's Representative m Executive Council Pursuant to Section 92 oftlle Marine Resources Act 2005, His Excellency the Queen's Representative aciing on the advice and with the consent of the Execu Live Council, roakcs 01c following regulations I Title 2 C',onunencemcnl 3 Jnterpre,atiou ConlCUI$ Part l Sb•rlcs 4 Applicatioo of these regulations 5 Prohibited actS 6 Restrictions on wire leaders Part 2 General and misceUaneous provjsjons 7 Penalties 8 Savings 9 Scverability 2 "\19tio.e R.esoorcci. (Shark Consen•atioo) Re-gu1ations 2012 RegulaH01\S 1 Title These regulaLions arc the Marine Resources (Shark O:,nservation) Regulations 2012. 2 Commencement These regulations come into force on the day after the date on which these rcgu IMions are made. 3 Interpretation (J) lo thcS<: regulations, unless the eontex1 otherwise requires. Act means the M•rine Resources Act 2005. Sh:,rk or sh:trk..-, means an animal commoJ1ly known as a shark. jncluding all elasmobranchs such as rays, skates or ebimacras. Fin means the fin or tail of a shark. Wire leader or trace wire means a line, wire or leader with metal eoment used to connect a hook to a main, branch or other fishing line. (2) Any term or expression that is defmed in the Act and used, but not defined, iu these regulations has the same meaning as in the Act Psrt l Sb.arks 4 Application of these regu.lations (1) These regulations apply to: (a) all commercial fishing, including, but not limited to, exploratory fishing and designated fishery activities carried out under Sections 5 and 6 of the Act, and the transshipment of fish or ftsb products in tbc territorial waters, contiguous zone ) or exclusive economic 7.0nc of tl1e Cook Islands; {b) every Cook lslands vcs-:;cl, fishing V�'-d, orobarlered fishing vessel registered under tbc Ship Registration Act 2007 (as amended) operating in the territorial waters, contiguous 7.0nc, or exclusive economic zone of the Cook lslands; and (e) any unlicensed or illegal commercial fishing or trallSShipment of fish or fislt products iu the teni101�al waters, contiguou� 7.one, <lr exclusive economic zone of the Cool<. Islands. 3 Marine Resources (Shark Conser vatioo) Regulatioos 2012 5 }'rohibited acts (1) No person may: (a) catch, capture, target or other wise intentionally engage in fishing (1,s that term is defined in Section 2 of the Act) f or any shark; (b) remove the fins of, or otherwise mutilate or injure, any shark; or (c) chum for, or otherwise add substances to the water to attract, any shark. (2) 1 f any shark is caught or captured, it must be immediately released, whctber dead or alive, whole with fins naturally attached. If the shark is caught or captured alive, it must be released in the manner that affords it the greatest opportunity for survival. No shark, or any pan ofa shark, may be retained even if caught a� bycat<;h. (3) No person may possess, recci ve, transfer, store, have on board, or transship any shark, or any pan of a shark. For purposes of this subsection, there is a presumption that, if any shark or any part of a shark is found ahoard a vessel, the shark or shark part was possessed or transferred in violation of this subsection. ( 4) No person may possess, sale. offer for sale, take, purchase, barter, transport, export, import. trade or distribute shark, shark tins or any part of a shark in the Cook lslands. 6 Restrictions on wire leaders No vessel may possess, use or cause to be used as pan of any fishing gear a Virirc leader or a trace wire for fishing (as t hat term is defined in Section 2 of the Act). Part 2 General and miscellaneous provisions 7 Penaltit.-s (I) Where any provision of these regulati ons is contravened or violated with Tcspcct t<> any vessel to which it applies. the master and owner oftbe vessel commits an offence against these regulations and arc jointly and severally liable on summary conviction tc) a fine of not less t han $NZ J 00,000 ?nd not more than SNZ. 250,000. (2) Each shark constitutes a separate offence. If 1be fins of a shark have been removed. or a shark has orherwisc been cut up, separated or dismembered in violation of Section 5 of ihcse rei,'t1lations, each piece of the shark constitutes a. separate offence. (3) Jftbc master or owner of any vessel is found liable for commltting an offence against any provision of1hcsc regulations for a second or 4 :vtarine Resources (Shark Conservation) Regulations 2012 subsequent oocurrence, any license to conduct commercial fishing or transshipment of fish or fish products must be revoked and canceled pursuant to Section 41 of the Act. In addition. any vessel involved in a violation of these regulations musl be prohibited from operatu\g in waters within the jurisdiction of the Cook Islands. 8 Savings All orders, licenses, permits, authorizations, agreements, or plans issued under the Ship Registration Act 2007 or the Act before the colXUllencement of these regulations, except insofar as they are inconsistent these regulations, have effect as though made or given pursuant to the Ship Registration Act 2007, the Act or these regulations. 9 Severability If any provision of these regulations or application of any provision 10 any pc-rson or circumstance should be held invalid by a court of competent jurisdiction, the (emainder of these regulations or the application of its provisions to persons or circumstances other than !hose to which it was held invalid must uot be affected ihereby. �JnP� Clerk of the Executive Couucil These regulations are administered by the Ministry of �ne Resources.These regulations were made on the / o/ P-. day offtce.,, 7 £c / 2012