Trochus Act 1975

!'it le 1. Short Title 1 ;, • Naked diving licence not 2. Interpretation trans.ferrable 3. Fishing re serves ,. " Use of diving-machine ... 4. Licence to fish licence 5. Application for nakod '15. Tnkinp; undersizc aholl divinf, llccr.c() ~6. I'or,ac ri:1 i ng or selling 6 • lunu..: or naked diving underoi ze ahell licence 17. Inspectors ?. Diving machines 'IC. Grading 8. Applicatlon for diving- 19. Inspection of diving machine licence machines 9. Issu~ of div ini~ machine -,r, t:. ..J • Open and closed season llcence 21. All licences void during 10. Licence i~sued under closed f;eason fr::11...c ",, ,:~. :,1m it of harvest ,, ... ' I • Revocaticr-. () !' 1~cenc., ;: , . Depth for use of diving upon convictjon lll1'3Chine 12. .Effect of revocation ;.?I.J • 'I'::.me for ~iving of licence .?:; • Offences ''.JI'.:. ....... Regulations 1975, !Jo. u. An Act to establish Troc:1us Fishing Reserves ( 5 March 1975 BE IT ENACTED by the Lcgiclatlve ,,.ss~mbly of tha Cook lslan~s in Sesoion assembled, and by the ~uthority of the same, as followc: 1. Short Title - This Act ffiuy be cited as the Trochua Act 1975, 2. Interpretation - Io th1r. Act unless the context otherwise requires "Diving-machin~" includos an aqua-lung and any other mechanical device designed to 3id breothinr under wntcr: "Fishing reservi:- 11 und "rcnc-r-vc" mettn one of the fishi n~ n:wrveo coraoti tuted by this Act· shall the office $ 1.00 shall form "Island Council" in relation to any tiahing reserve, means the Island Council tor the island where tho fishing reserve ia situated except in the case or the fishing reserve for the island of Manuae where the Island Council shall be the Aitutaki Island Council: ltU' ' t II .inis er mcan3 the Minister in charge of Marine Resources. 3. Fishing reserves - (1) Tne following areas are hereby constituted fishing r~scrves for the purposes ot tbis Act and shall be known b.Y tht? n:unes hereby assigned to them: (a) The lagoon, ~eef and inshore areas at the Island of Aitutaki, to be known as t!"le Aitutaki Reserve. (b) The lagoon, reef and inshore areas at th~ Island of Palmerston to be k~owtl c.a th~ Pnlmerston Reserve. (c) Th~ lagoon, rc-1f ,.,1:ci innhore areas at th•~ Ic.lrmd of Mani.tac, to be known as the Manu.:w ilf!Sf!!-V,:. (2) Notwithstanding any of tho provisions of aub eection (1) c1! this !;eetioo tb:? Minister may nt any time declare the lagoon, r•?ef un.d inshore areas or ony other island. to be a trochuri 1·eservc. 4. Licence tc !is~ - No person shall fish and dive tor trocbu2 shells in an,:.; .r.ishing reserve, whether by naked diving or using a divint. machine, unless he is the holder or a current licence issued under this Act authorising him to !isb and dive for truchuo shello in that fishing reserve. 5. A lication for naked divin licence - Any person desiring to fish an dive for troehus s e s lll a reserve in any island shall make written application in that behalf to tbe Clerk of the Island vouncil in respect o! that island, who upon recommendation from the Council, shall forward the application to the Minister. 6. Issue of rinked divinf> licence - ( 1) Every licence to !ish and dive for trochu:; shd 1.a in a reserve in any island shall be issued by the Minist~r upon advice or the Director of Marine Resources and 'lpon rccoJ.Unendation ot the Island Council of the Island concerned. ( 2) Any :·ecom.n.'.er.dnticn 'bj the Island Council tor the issue of such ~ licew:;e be 'by majority vote at a duly called meeting of t:ho isl.'1.nd council. (3) In issuing ~ licence the Minister shall take into account the is!gnd ct origin of the applicant and the island of ordinarJ res5.dcncc of tbe applicant. (4) Every :..icence shnll be issued for the period that the reserve is opon. (5) A fee of such licence to or Senior d'lerk aw! Government Account. ~hall be paid on the issue of every or th~ Cbief Administration orricor part of the Cook Islands ?. Diving Mnchinct'I - no porson shall use a diving-machine in any fizhing raserve-unlaa~ he is the holder of a current licence ifisued under this '\~t authorisine; him to do so. 8. Application fo1.• dtviro; machine licence - Any pex·son desiring to use a divinr, mAd:im• in ony fishing reserve shall make written oppli~otion ln that behalf to the ~inister. 9. Issue of divin5 macl1ine licence - (1) Every licence to use a diving-machine 1n c resorve 1n any island shall be issued by the Minister upon ,1dvice of the Director of Marine Resources and by further consul tat ion with the rsland Council in respect of that island and shall give specification of tho diving machine for which it was issued, (2) Not moro thun one licence nhall be t,i;runtc<l to uny peroon for the une of u d1vin~~ m11ct1111u in any lHtrticulnr reourve. (3) In urnuing licc11cefl 1 the Minister, may, in his dlacretion, tuke into account the iuland of origin and the place of ordinary rt:sidencc o!· the applicant. (4) Ever:; licenC:f! r.hull be insuetl for the period thnt the reserve iri open. (:,) A fo,; of ·12u.oo :,h1.:ill be v11ci on the issue of 2very such licence to the office of the Chief Administration Officer or Denier Clerk and shnll for~ part of the Cook Islands Government Account. 10. Licence issued undl'r fraud - If u1;on information laid by any person 1t 19 proved to the satisfaction of the High Court that the holdP.r c~ ony l ir.ence issued under this Act has obtair.ed ':'.~t~· ca~!: by fraud, misrepresentation or mistake, or h3s acted i~ any i~proper m3~ner in exercising the rights thereby conferred, the High Court may by order declare that such licence :.s r,.>voked. 11. Revocat:..on of lice:,ce Uf:Cr. c.:inviction - Upon conviction of the holder of o lice~ce for any offe~ce against this Act the High Court may b,y order dee 13:-e that his licence is revoked. 12. Effect o~ revocation of licence - Upon the making by the High Court of ~n order declaring that aay licence is revoked, such lice:ice shall forthwith be void and cease to have any effect for the purfcses ~f this Act and the holder thereof sn.:ill forthwith, ur.les.s pr•i·:"'ntcd by circumstances outside his control, surrender the sa~e :o the ~1nister to be cancelled, bu .!'ailurc so to s"'rrende:· t:lf' lic~nce s:iall not affect the revccation thereof. 13. Naked d::.vini;; :ice,1ce not transferable - Every licence ~ranted to fi$U and dive for trochu5 shells shall be avail9ble only for the personal use of the individual to whom it is granted, and no licence shall bP transferable or pass by opera tion of law to any other person. 14. Use o~ diving machine licence - Every licence to use a diving-machine shall be avJiloble ~or the person to whom it is gr.:inted and for his s~~~aots and agents being holders of a current licence to fis'.1 ;;nd dive for trochus shells, but not further or othr!rwise, ar.,l shnll not be trancferable but may paes by oper~tion of :~" le ~ny other person. 15. Takin~ undcrsjzc [;hell - (1) No person shall take from a fi5hing reserve ar:.:, -~roc"\:us shell measuring less tl:an 2~ inches across the widest ;;c.ints of the shall base. (2) No pnr~on shall attempt to extract the flesh from a trochui; shell in ~-!·.e ''"c:3erve but shall bring the shell uahore for insrcct~on t• y dll ':1,-p,,::1.or dul,Y uuthorised under Section 17 of ~nis Act. ( !,) l ;· 11ny ln::ipcc tor is of the opinion tho t any trochue shell measured leBs than 2; in~heo across the widest point or the shell base, tho Inspector moJ 01~er the person having possession of the trochus shell to return the shell alive to the fishing reserve and any pcrsou so ordered shall as aocn as practicable comply with ouch order. or sells, purchases of less than 2½ of the shell base, (1) The his hand as Inspectors for Any such Inspector building or vehicle building or vehicledance, 4 Her Majesty, and shall direction of the Minister. Grading (1) Any person shell out of the Cook Islands submit the shell for authorised under 1 - shell that other shell worm and other broken. Inspection of diving machines under subsection reasonable time enter land or premises or go aboard of inspecting any licence under this Act If any Inspector isIf any Inspector is is in such condition as shall issue a notice in the licence to use the that person to repair, replace with the diving - machine to make it fit 3 the event3 the event the definite date as notwithstanding any other provision use the diving - machine or any effect. as he thinks fit and periods declared to be a closed season. 16. rossessir. or sellin undersize shell - (1; No person sho purchase in or expor rom any part of the Cook Islands any trochus shell which is taken from o fishing reserve and hn~ ~ diameter of less than 23 inches meausred ncros3 the widenL points cf the shell base. ( 2) Wher'? ::ir;y pe:·~0 or. in the '.::ook Isl ands has in hia possess1on, or exports any trochus shell having a diameter inches measured across the widest points thut trochus shell shall, in the absence of proof to the ~ontrary, be deemed to have been taken from a :ish1rH', rrisone. 17. ~.~ : ~rec tern .. by wri tini:; under fit to act ( ') \ ~ .' enter any or go -1board :.1 Jinister may from time to time au :::o r·ise such per~ons as he thinks th~ ~urposes of this act. ~MY 3t ony reasonable time Jr :,por:. any land or premises fer the purpose of searchit for and inspectinf trocilu~- :;h<::lls. ( ;,) Any !;ucL Tnspt•ctor mu,;: con!'iscate any trochus shell which measures 'eaE than 21 i~ctes across the widest points of tte shell toue, ( ) Any t:::.-ochus nhe~. l s.:i confiscated shall be deemed to be forfe: t•!d t<.1 b(.• disposed of at t be 18. t rochus exportation Inspector duly of this Act, intendi~g to export any shall, prior to such i~8p0ction and gradinf by an suba~ction (1) of Section 17 ( 2) Such ::1:-: 0,1~•,:; cor~~ st::; 1. l e;rade a1 l such shell accord ing to the followi~.z cla",::;:.~ cu;;:or.s: (a) Greda that is reasonably free from worm ·jnc. foreign !!latter and unbroken, ( b) G:·acc 2 -· ::1:at is not reasonably free ±':·om foreign :natter, or is 19. duly authorie:ed may nt any upon any for the purpc sP. wtich a cu.::-re:c·; (:?) diving-mar. b.i n~ !'or une he firm to w::0r:: reriui rin,..; definite da+;(). ( ; In fit or saf..: b;y t h•,~n, :he licence to and cease to b~ (1) ~ny Inspector (~) of Section 17 of this Act any building or vehicle or any canoe, boat or ship divi~~-machine in tespect or has been issued. nf the opinion that any to be not fit or safe writing to the person or iivin5-mnchine was issued or otherNise deal und sAfe for use by a ~r th~ 1iving-mochine not being made requir~d hy tLc Inspector contuined in this Act, shall forthwith tenninate 20. Open nod clouert sea~on - The Minister may from time to time b-y noti~e ,ird ·.~r !1I~. :1,,:-::1 ::11u lishcd in the Gazette declare that 1!lJ. ,,r rin:,· of t:·e r-t•!:e;:·ves slrnll be open for such period or pcrL:,d~ nt all Ume.s other than the. pericd or r:o O}len the season shall be deemed to be 21. All licences void durin~ closed season - Notwith standing any other provision oft is Act no licenc~ granted under this Act shall be of any force or effect or shall have any operation during any closed season of any fishing reserve. 22. Limit of harvest - Limit of the harvest in respect of each resc:·ve will be published in the Cook l~;landa Gazette following consultation between the Minister and the Director of Marine Resources. 23. Depth for use of diving-machine - (1) ln order that the sha:!.lower purts of the fishing reserves may be reserved for naked diving, the Minister may from time to time direct the holder of a licence to use a diving-machine that he shall not use the machine in water of less than a specified depth in the fishing reserves and may from time to time review any such direction and withdraw the same and ifisue a fresh direct ion. (2) No licensee and no servant or agent of a licensee shall use a diving-machine in breach of a direction given under subsection (1) of this section. 24. Time for diving - Notwithstanding any other provision contained in this Act no person shall fish and dive for trochus shells whether by naked diving or using a diving machine in any fishing reserves before 6 a.m. or after 10 p.m., on any day. 25. Offences - Any person who fails to comply with or acts in contravention of any of the provisions of this Act commits an offence and shall be liable upon conviction to a fine not exceeding fifty dollars. 26. Regulations - (1) The High Commissioner may from time to time by order in Executive Council make such regulations as may be deemed necessary or expedient for the purpose of giving full effect to the provisions of this Act and for the due administration thereof. (2) All regulations made under this section shall be laid before the Legislative Assembly within twenty-eight days after the date of the making thereof i! the Legislative Assembly ia then in session and if not in session shall be laid before the Legislative A~sembly within twenty-eight days after the date of the next ensuing session.