Niue

3 Prohibited use of illegal fishing means (1) No person shall use – (a) Dynamite, gelignite, or any other explosive; (b) Firearms, hand held power heads exempt; (c) The New Guinea creeper, commonly known as "akau Niukini", or any other poison or stupefying agent; (d) A net which has a mesh size less than a 75mm diagonal measurement other than for use as a flying fishing net; (e) Underwater breathing apparatus for the purpose of taking or killing fish other than for the taking of any destructive organism within Niue’s waters. (2) Cabinet may permit the use of underwater breathing apparatus, subject to such terms conditions and restrictions as Cabinet may impose, for the purpose of conducting scientific research or for the gathering of data to assist in the conservation or management of Niue’s fishery resource. (3) Every person who – (a) Acts or attempts to act or encourages or induces any other person to act in contravention of this section; or (b) Grows or fails to take steps to eradicate akau Niukini commonly known to be growing on his property, or has in his or her possession any plant or seed of akau Niukini; shall be liable on conviction to a fine not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months.

"underwater breathing apparatus" means scuba gear, or hooker unit, made up of an air tank, and requires the use of a mask or mouth regulator;

7 Marine reserves and fono for fishing (1) With the concurrence of the village council and or the Director, the Cabinet may by public notice declare a marine reserve, or a fono for fishing over any part of the reef or Niue waters specified in such public notice. ... (4) Village councils must advertise and place signs to the effect of a fono to inform locals and tourists. 8 Effect of a marine reserve or fono for fishing (1) Except as otherwise provided in this section or permitted under any marine reserve or fono for fishing, no person shall, so long as any marine reserve or fono for fishing is in force – (a) Enter the area over which the marine reserve or fono for fishing has been declared, for the purpose of fishing; (b) Take any inorganic substance, living material, or matter from within any such area.

10 Restriction on taking of certain species (1) No person shall take, sell, trade, or export at any time or be in possession of, or interfere with any crustacean, that – (a) Is carrying external eggs; (b) Has had its external eggs, or the egg bearing appendages removed, by any means; or (c) Is in its soft shell stage. (2) No person shall take, sell, trade, export, or be in possession of, or interfere with, any Uga, crayfish, Tapatapa or clam whose size is less than indicated in the Domestic Fishing Regulations 1996. (3) Every person who acts in contravention of subsection (1) or (2) commits an offence, and shall be liable on conviction to a fine not exceeding 5 penalty units or to imprisonment for a term not exceeding 6 months, or to both such fine and imprisonment.

13 Sunday fishing prohibited (1) No person shall be allowed to fish on a Sunday between 4am and 9pm within Niue’s fishery waters (territorial zone). (2) Any person contravening subsection (1) shall be guilty of an offence. 15 Penalty Any person offending against section 13 shall be liable to – (a) A fine not exceeding 1 penalty unit; and or (b) Imprisonment for a term not exceeding 3 months; and in addition to any other penalty the court may impose; (c) Forfeiture to the Government of the sea-craft together with its fishing gear and all fish taken.

6 Prohibited activities (1) The following activities are prohibited within the Niue Moana Mahu Marine Protected Area: (a) drift-netting: (b) the use of explosives, firearms, poison or chemicals for fishing: (c) extractive scientific research by all methods: (d) deployment of anchored fish aggregation devices: (e) deployment of drifting fish aggregation devices: (f) gillnetting: (g) horizontal multiple hook pelagic and demersal long lining, and vertical long lining: (h) all other hook and line fishing: (j) purse seining: (j) spear fishing: (k) trapping (l) trawling in all forms: (m) trolling: (n) bottom anchoring: (o) fishing of or around anchored fish aggregation devices: (p) fishing of or around drifting fish aggregation devices: ... (w) shellfish harvesting, reef gleaning or dive collecting:

8 Permitted activities 2) The Cabinet may authorise the following activities within the Beveridge Reef Nukutulueatama Special Management Area, subject to specific conditions determined by Cabinet – (d) extractive scientific research by all methods: (e) all other hook and line fishing not referred to in regulation 6(2): (f) spearfishing: (g) trolling: (h) bottom anchoring: (i) installation of moorings: ... (s) shellfish harvesting, reef gleaning or dive collecting: