Fisheries Act 1996

299 Regulations relating to foreign licensed access

• (1) Without limiting the generality of section 297, the Governor-General may from time to time, by Order in Council, make regulations for all or any of the following purposes:

  • (a) prescribing, in relation to licences under section 83,—

    • (i) the manner of applying for licences:

    • (ii) the form of applications for licences:

    • (iii) the terms for which licences may be granted:

  • (b) providing for the production of such licences by licensees to specified New Zealand authorities when required to do so, and the inspection of licences by such authorities:

  • (c) requiring applicants for licences, and licensees, to designate authorised agents in New Zealand in respect of foreign fishing vessels:

  • (d) making such other provision as may be necessary or expedient to ensure that foreign fishing vessels are used for fishing within the exclusive economic zone only in accordance with the terms and conditions of their licences:

  • (e) prescribing the amount of the fees, charges, and royalties payable to the Crown under Part 5 or the method by which they are to be assessed, including different fees, royalties, or charges for different classes of foreign fishing vessels (whether by reference to size, catch, method of fishing, function, or otherwise), and their method of payment; and prescribing the circumstances in which any such fee, charge, or royalty, or any part of any fee, charge, or royalty may be refunded:

  • (f) prescribing particular types of highly migratory stock, and regulating, in a manner not inconsistent with Part 5, fishing for that stock within the zone:

  • (g) creating offences for breaches of any such regulations; and imposing in respect of such offences—

    • (i) in the case of an owner or operator of a foreign fishing vessel, fines not exceeding $500,000:

    • (ii) in the case of a licensee or master of a foreign fishing vessel, fines not exceeding $250,000:

  • (h) prescribing the forms of notices and the procedures (including procedures and approval methods for the service of notices) to be followed for the purposes of Part 5.

  (2) Regulations made under this section may make different provision for different parts of the exclusive economic zone and for different stocks.

  (3) Regulations made under subsection (1)(e) shall be made on the recommendation of the Minister and, in recommending the making of such regulations, the Minister may take into account the cost of implementing the provisions of this Act with respect to foreign fishing vessels within the exclusive economic zone, including the cost of managing fisheries resources, fisheries research, and the administration and enforcement of this Act and other relevant enactments.

  Compare: 1977 No 28 s 22; 1980 No 146 s 2(2)