Pearl and Pearl Shell (Penrhyn, Rakahanga and Manihiki Lagoons) Act 1982 (No. 8 of 1982)

1. 2. 3. 4. Short Title ~nterpretation Powers of Island Council Diving Season • i ' ' ANALYSIS s. 6. 7. 8. 1982, No. 8 • Appeal Penalty Regulations Revocation An Act to provide for the management of the Penrhyn, Rakahanga and Manihiki Lagoons (10th September 1982 BE IT ENACTED by the Parliament of the Cook Islands in session assembled, and by the authority of the same, as follows: 1. Short Title - This Act may be cited as the Pearl and Pearl-Shell (Penrhyn, Rakahanga and Manihiki.Lagoons) Act 1982. 2. Interpretation In this Act: "Fisheries Officer" means a representative of the Fisheries Division of the Ministry of Agriculture and Fisheries; "Island Council" means the Island Council of Penrhyn, Rakahanga or Manihiki as the case may be; "Lagoon" means the Penrhyn, Rakahanga or Manihiki Lagoon as the case may be; "Minister" medns the Minister of Agriculture and Fisheries. 3. Powers of Island Council (l) No person shall: (a) seed, cultivate or otherwise cause to be grown artificially any pearl, or (b) seed, cultivate, propagate or transplant any pearl shell, or (cl gather, harvest or collect any pearl or pearl shell in or from the lagoon unless a permit from the Island Council has first been obtained. (2) The Island Council may attach such condition or conditions as it deems necessary to any such permit including a description of the area of the lagoon to which the permit relates. ( 3) The Island Council shall give reasons for every decision it makes under this section. ( 4) A copy of every decision made shall be given to the Fisheries Division of the Ministry of Agriculture and Fisheries. (5) Notwithstanding anytbing contained in any ot:her enactment, the Island Council is hex-eby empowered to 9rant exclusive licences for pearl and pearl-shell farming in respect of defined areas of the lagoon. (6) AAy Fisheries Officer shall be entitled to address any ireeting of the Island Council when considering matters covered by th.is Act, and the Island Council shall have regard to his submissions. 4. DivinS Season - (1) The Island Council may from time to time,)' resolution, publicly notified, fix a close season or seasons for pearl-shell or pipi pearls fishing for the whole or any part of the lagoons. (2) During a close season for- pearl-shell or pipi pearls fishing, no person shall fish for pearl-shell or pipi pearls (as the case may be) in any lagoon or any portion hereof. S. Ap2t:al - Any person who is dissatisfied with a decision of he Island Council may appeal, within 60 days of the date of the decision, to the Minister who may, after con$ultation with the Island Council, affirm, vary or reverse the decision of the Island Council. 6. Penalty My person who acts in contravention of this Act or 1.n contravention of any decision of the Island Council made hereunder, shall be liable upon conviction to a fine not exceeding $200, and, if the offence is a continuing one, to a further fine of $50 for every day that the offence continues. 7. Regulation~ (l) The Queen's Representative may from time to time by Order in Executive Council make all such regulations as may, in his opinion, be deemed necessary or expedient for giving full effect to the provisions of this Act and for the due admi.nistration thereof. (2) All regulations made under this section shall be laid before Parlian~nt wi~hin 20 days after the date of the making t!"ler~of if Parlian1t.'!nt is then in session and, if not, shall be laid before Parlia~nt within 20 days after the next ensuing session. 8. Revocation The Po.!arl-Shell Fisheries Regulations 1950 (N.Z.) are hereby revoked. This Act is administered by the Ministry of Agriculture & Fisheries