Niue Fisheries Protection Ordinance 1965 (No. 32 of 1965)

(pp. 1074-1077) ). Inter~ret8tion - (1) In this Ordinance, unless the context ot erwlse requlres "AmmunItIon" includes any cartridges, cartridge caees, gunpowder, bullets, and shots: "Chief Agricultural Orn.cer" means the officer t n charge of the Department of Agriculture 1n Niue: "Chief Offlcer of Pollce" means the officer ln charge of the police ln Nlue: "Executive Committee" means the ExecutIve Committee of N1ue establ1shed by (section 9 or the Ntue Act 1966J. "Explosive" inclUdes any article of Which an explosive forms part and Which 1s capable ~f destructive effect by way of exploslon: "Firearm" includes any weapOn from Which a missIle is discharged by the force of any explosive ~bstance or by compressed a1r: "Plsh" means every description of f1sh or shellfish snd theIr young or fry or spawn and includes every other marine an1mal, whether mammal, rept1le, or crustacean, snd any other organic marine product whatsoever: "High Court" means the High Court [of NiueJ: "Niue waters" means the eea adjacent to the coast of Niue w1thin one mile of the external reef line snd Includes all water between that lIne and the coast: "PublIc notice" in relation to any act. matter. or thIng requIred to be pUbllcly notifted, meana the making of the act, matter or thIng generally known 1n Niue by any practIcable or customary means, Whether tn addit10n to publicatIon 1n the [Niue Island Gazette] or no t : "Resident Commissioner" ~an8 the Resident Commt~~to~r of N1ue: "To take" and "Tak1ng" (f1sh) I nc Lude a pur-au t nz , catch lng, removing, or extracttng from the WAter or lay ~ hold of by any means or devtce. (2) SUbject to the pr-ov t e t ons of eub s ec t t on (1) of this ~ect1on. exoreesions deftned in the (Niue Act 1QooJ nave the mean1nge so defIned. [The N1ue Act 1966, be1ng the corre8pond1ng enactment in force at the date or this reprint, has been sUbatituted tor the Cook IDland8 Act 1915 and amending Acts. The other ~ords 1n square bracketa have been amended to correspond with the terms used 1n that Act.J 5. Use of explosives, firearmsL. poison, or underwater breathing apparatus prohibited (1) No person shall use (a) dyn am i t e , g eLign i tat or arJ.y o t her e xp 10 s-i v e ; (p-) firearms; (c) the New Guinea creeper, commonly known as "akauNiukini ",or any other poison or stupefying agent; or (d) underwater breathing apparatus for the purpose of taking or killing fish within Niue waters. (2) For the purposes of this section, the expression lllmderwater breathing appara tua" does not include a snorkel. (3) Every person cornm i t s an offence against this Ordinance and shall be liable on conviction to a fine not exceeding $1,000.00 or to imprisonment for a term not exceeding six months who (a) Acts or attempts ~o act in contr~vention o~ any of the provisions of subseotion (1) of this section; (b) Grows or takes no steps to contrG~ or eradicate ~(au Niukini commonly known to be grown on his property, or has in his possession any plant or seed of akau Niukini. (4) In proceedings for an offence under this section the burden of proving shall lie on the accused that any explosive, firearm, ammuniti~nl poison, s tup.e Jy i.ng agent (o th er than ak au Niukini) or underwater breathing a.pparatus found in his possession, vias nov in h.is po s s eae i.on for en'.! purpose co!'. t r ary tc th s ~rovis~ons of th..i s s ec t i on , CA-rrttVid(d ~llo}/I~'f)J e. Pono for Fteh - (1) On the recolnDtendatlon or the Chief Agr1culE~r.I Officer, the Executive Commlttee may from time to t1~ by public not1ce declare I fono for flBh ~ver sny part of the reef or Niue watera specified 1n aue h public notIce. (2) Every fono 150 declar'ed shall come into force on a day specif1ed in the pUblIc notlce. () Every public notice issued under thIs Bection mey 1n like manner be revoked at any tIme. 7. Effect of Pono for Fish - (1) Except ae otherwlBe pro vIded In this eeetlon or perm1tted under any partIcular fono, no person ahall. so long aa any fono for fish ts tn force (a) Enter the area over whteh the fono haa been declared: (b) Take any Inorganic aUbatanee, material. or matte~ ~~o. ~r i~ aroy such area; (c) Take or k1ll f1sn from or 1n any SUch area. (2) Every Peraon commlta In oftence against this Ordinance and shall be liable on conviction (a) To a ftne not exoeedlng ten pounda (l10), Who acta or attempta to act in contravention of any of the provlllona of paragraphs (a) and (b) of Bubsection (1) of this section: (b) To a ftne not exceedtng twenty pounds (£20) or to Imprisonment for a term not exceeding three monthe. who acta or attempts to act 1n contravention of the provIB1ons of pars graph (c) of subsectton (1) of thta 8ection~ PrOVided that it ahall be a defence to a charge under paragraphS (a ) end (b) 'Jf .ubsection (1) of this sectlon It the peraon charged provea that he entered the prohibited area due to stress of weather conditione or for the .ol~ purPOae or saving human life or regalntng the possession or proPerty. () Nothlng In thls sectlon shall be construed t~ affect the right of the Resident CommIssioner, the Chtef Agricultural OffIcer, and the ChIef Officer of Pollee or any person authorised to act on behalf of any of those three persona to enter the area over which the fono han been declared for the purpOse of enforcing t~ provla1~na of thia OrdInance or ot taking samples of any kind or con ducting any other teat or examInatIon on whIch the QuestIon ot the continuation or revocation of the fono may depend. 8. Bait Fishing • (1) No person ahall take the batt fish kno~n as "uiihega" except from a batt fiahing ares recog nised for that purpoae accordIng to local cuatom and d~rlng the perIods decIded and promulgated by local cuat~m for that partIcular area, or as may be pre~cribed by bylaw, (2) The perIods decIded by local custom or prescrIbed by bylaw ahall be deemed to tnclude a provision that all batt fIshIng groups proceeding to the same general area ahall depart from the shore for the bait fishIng grounds eI~ultaneously. (3) No ground or line bait other thsn coconut may be used to lure or catch such batt fIsh. PART III - MISCELLANEOUS PROVISIONS 9. Power to deatro1 Lakau NtuKtnt - Every of ricer of theDeparE~ent of 19r1cu ture and every orftcer of Poltce acting under the authorIty and on behalf or the Chtef Agrtcultural Orficer ahall forthwtth destroy any plant ~r seed or lakau HluKtnt whtch he finds possessed or grown by any person. 10. Seizure and forfe1ture - (1) Any ofr1cer or Pollce or Iny officer of the Department of Agriculture scting under the authority and on behalr of the Chief Agrtcultural Officer may enter and search any place or boat and may seize and remove Any explosive or other thtng or ~ubetAnce hlch on reasonable grounda he suspect~ has b~en used or la intended to be used 1n breach or attempted breach or section 5 or thia Ord1nance. (2) On the convictton for an ~frence against section 5 or thIs OrdInance the High Court may make an ~rder declaring the explosive or other thing ,r SUbstance so seized to be forfeited. and thereupon the same shall be dee~d to be Corfeited to the Cr~wn and may be d1~posed ~r as the High Court directs. 11. Provis1ons or Niue Arms Re ulations 1 Nothing n a r Inance aha be construe to provis10ns of the N1ue Arms RegulatIons 1QS5. 12. Personal liability or OfCicers - No Pers~n shall be personally IIacle for any act done by him 1n good raith tn the exercise of any duties. powers, or authoritIes Imposed or conferred on him by the provisions ot this Ordinance. '3. Offence of obatructln~, etc.- Every person who wIlfully obstrucEs, hinders. or rea aEa any person 1n the executIon of any duty, power. or authorIty imposed or cOnferred on thst person by the prov1sions of thia.O~lnance, commits an offence a~atnst thts Ordinance snd, except where the [NIue Ac t 1966 J provides a more severe pena 1 ty Cor the same offence, shall be lisble on conVictIon to a ftne not exceedIng ten pounds (£'0). [The NIue Act '966, being the correspondIng enact~ent 1n force at the date or this reprInt. has been subatituted for the Cook Islands Act 1915.1 ,-. Repeals snd Savings - (1) Th~ following Ord1nane~a ar~ hereb7 repealed. namely: The NIue Fish -Pr-o t e c tton Ordinance 1916. No., The Niue Ftsh-Protect1on Amendment Orrl tnanc:e '9~3. No. 3~ The Niue Fish -Pr-o t e e tton Amendment Ordinance 194 3 (No. 2 ~ • No.~ (2) Without I1mtt1ng the provisions or the Acts Inter pretatton Act '924. it 18 hereby declared that all matters. things and proceedings vh1ch have ~en eo~nc:~d under the OrdInances hereby repealed and which are pending or 1n progresa on the comtng tnto rorce of this Ordtnance, may be conttnued and completed under thIs Ordinance. 15. ~11cat1on or rtnea - All rtnes patd or collected pursuen to the provisions or th1s Ordinance shall form ~rt of the public revenues or NIue and ahall b~ paid tnto the appropriate account thereof. 16. Regulations Cabinet may from time ~o time make regulations for any purpose for which regulations are reqUired or contemplated by this Ordinance or are necessary for giving full effect to the provisior.s of ~his Ordinance . C AdJ(d 3/1 0>1 "BSJ