Section 186B Temporary Closures
Section 186B of the Fisheries Act 1996 allows the Chief Executive to temporarily close or temporarily restrict or prohibit a method of fishing in any area within the New Zealand Fisheries Waters of the South Island, including freshwater and tauranga ika.
The purpose of the closure or method restriction is to improve the size and/or availability of fish stocks that have been depleted, or to recognise and provide for the use and management practises of Tängata Whenua. Temporary closures or method restrictions may provide legal support for a rähui.
Anybody can suggest to MFish that a temporary closure or method restriction should be put in place, however the Chief Executive must be sure that it will meet the intended purpose before implementing it. Hence the Chief Executive must provide for the input and participation of Tängata Whenua and have regard for kaitiakitanga when assessing a proposal.
Temporary closures or method restrictions can be applied for a period not exceeding two years and can apply to particular days, weeks, months or seasons within that two year period. If the objectives for which the rähui was put in place are not achieved over the period that it was in place for, Tängata Whenua can apply for the rähui to be extended for another rotation.
Temporary closures or method restrictions apply to everyone, including customary fishers. Refer to Appendix Three for the establishment process for 186B closures.
Content of a model 186B proposal
Outline the problem
The proposal should state what the problem is in the fishery concerned, and how the use and management practises of Tängata Whenua are being affected.
Justification for a 186B closure or restriction
The proposal should state why a 186B is the most appropriate tool to address the issues associated with the area and the aims and objectives of management. The proposal must highlight the likelihood of the objectives being attained within two years. The proposal should outline why mätaitai, taiäpure or voluntary measures could not be more effective.
Location and boundaries
The proposal must state the geographic location and boundaries of proposed 186B. As with mätaitai, Tängata Whenua should describe the area with reference to latitude and longitude, and landmarks if possible. And compliance issues must be considered when designing the boundary.
Impact on other user groups
The proposal should identify all the user groups and detail their current involvement in the area. The proposal should identify the effect the closure or restriction is likely to have on these groups. It is also a good idea to outline any pre-proposal consultation that has been facilitated with these groups.