Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998

Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998

Public Act1998 No 6
Date of assent27 March 1998

Contents

Title


An Act to amend the Fisheries Act 1996 and other fisheries legislation in relation to the Foveaux Strait dredge oyster fishery

BE IT ENACTED by the Parliament of New Zealand as follows:

1 Short Title and commencement
  • (1) This Act may be cited as the Fisheries (Foveaux Strait Dredge Oyster Fishery) Amendment Act 1998.

    (2) This Act comes into force on 1 April 1998.

Part 1
Amendments to Fisheries Act 1996

2 Part to be part of Fisheries Act 1996
3 Interpretation
  • (1) This subsection inserted the definitions of the terms Dredge oyster, Foveaux Strait dredge oyster and Foveaux Strait dredge oyster fishery in s 2(1) of the principal Act.

    (2) This subsection amended the definition of the term Quota weight equivalent in s 2(1) of the principal Act.

4 Aggregation limits
  • This section inserted s 59(6A) of the principal Act.

5 Allocation of annual catch entitlement
  • (1) This subsection amended s 67(2) of the principal Act.

    (2) This subsection inserted s 67(2A) and (2B) of the principal Act.

    (3) This subsection amended s 67(3) and (4) of the principal Act.

6 Minimum holdings of annual catch entitlement
  • (1) This subsection amended s 74(1)(b) of the principal Act.

    (2) This subsection inserted s 74(1)(ca) of the principal Act.

    (3) 

    • (a) [Repealed]

    • (b) This paragraph amended s 74(2) of the principal Act.

    (4) This subsection amended s 74(3) of the principal Act.

    (5) This subsection amended s 74(6) of the principal Act.

    (6) This subsection amended s 74(8) of the principal Act.

    Subsection (3)(a) was repealed, as from 26 May 2001, by section 41 Fisheries (Remedial Issues) Amendment Act 2001 (2001 No 33).

7 Conversion factors
  • This section inserted s 188(5) and (6) of the principal Act.

8 Disposal of fish by commercial fishers
9 Penalties
  • This section inserted s 252(5)(m) of the principal Act.

10 Foveaux Strait dredge oyster fishery subject to quota system
  • This section inserted s 368A of the principal Act.

11 Quota management area defined
  • This section amended Part 3 of Schedule 1 of the principal Act.

12 Schedule 4 amended
  • This section amended Schedule 4 of the principal Act.

13 Foveaux Strait dredge oysters subject to monthly balancing regime
  • This section amended Schedule 8 of the principal Act.

14 Quota allocations
  • (1) This subsection amended Schedule 9 of the principal Act.

    (2) This subsection inserted Part 5 of Schedule 9 of the principal Act.

Part 2
Amendments to Fisheries Act 1983

15 Part to be part of Fisheries Act 1983
16 Interpretation
  • This section inserted definitions of the terms Dredge oyster, Foveaux Strait dredge oyster and Foveaux Strait dredge oyster fishery in s 2(1) of the Fisheries Act 1983.

17 Conversion factors
18 Registers, transfers, and leases of quota
19 Minimum holdings of quota and interests in quota
20 Foveaux Strait dredge oysters excluded from under and overfishing provisions
21 Restriction on amount of quota that may be held by any one person
22 Wharf sales, etc
23 Schedule 1A (35% aggregation limit) amended
24 Oyster numbers to be entered on returns, etc, as if kilogrammes
  • (1) The purpose of this section is to provide for the reporting and recording of quantities of Foveaux Strait dredge oysters to be in oyster numbers and not weights, notwithstanding that standard reporting and recording forms, computer programmes, and other documents used across the fishing industry contain references to weight only and not to fish numbers, until such time as—

    • (b) The relevant registers, forms, computer programmes, or other documents are earlier adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights, or the chief executive and the particular person concerned earlier agree on an alternative method of reporting or recording oyster quantities.

    (2) Where any record, return, or other document prescribed or required or contemplated by the Fisheries Act 1983 or any regulations made under that Act or the Fisheries Act 1996

    • (a) Contains provision for the reporting or recording of fish by reference to weight in kilogrammes; and

    • (b) Does not make specific provision for the reporting or recording of oysters by reference to the number of oysters,—

    then, in relation to Foveaux Strait dredge oysters, that return, record, or other document is to be read and completed as if the reference to weight were a reference to oyster numbers.

    (3) Unless in any case the context clearly otherwise requires, any figure entered on or after 1 April 1998 in relation to a quantity of Foveaux Strait dredge oysters in—

    may be entered as, and is to be read as referring to, oyster numbers and not weight, notwithstanding that the relevant part of the register (including any computer printout) or form contains a reference to weight only.

    (4) The chief executive must, as soon as practicable in the circumstances of each case, give individual notification of the effect of this section to—

    • (a) Every fisher of quota in the Foveaux Strait dredge oyster fishery:

    • (b) Every licensed fish receiver who deals with Foveaux Strait dredge oysters:

    • (c) Any other person required to make records or returns under the Fisheries Act 1983 or under any regulations made under that Act or the Fisheries Act 1996 in relation to Foveaux Strait dredge oysters.

    (5) This section ceases to apply—

    • (a) On and from the date that Part 4 of the Fisheries Act 1996 is brought into force as a whole:

    • (b) In relation to any particular return, record, register, or other document, on and from such earlier date as—

      • (i) The return, record, register, or other document is adapted to specifically provide for the reporting and recording of oyster quantities by reference to numbers and not weights; or

      • (ii) The chief executive and the person concerned agree on any alternative method of reporting or recording oyster quantities.

Part 3
Amendments to Fisheries Regulations

25 Fisheries (Reporting) Regulations 1990 amended
    • (a) This paragraph amended reg 19(1)(i) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214).

    • (b) This subsection inserted reg 19(1)(iii) of the Fisheries (Reporting) Regulations 1990 (SR 1990/214).

26 Fisheries (Recordkeeping) Regulations 1990 amended
27 Fisheries (Cost Recovery Levies) Order 1997 amended
    • (a) This paragraph amended clause 3(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189).

    • (b) This paragraph amended clause 5(1) of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189).

    • (c) This paragraph amended in Part A of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189).

    • (d) This paragraph amended Part C of the Schedule of the Fisheries (Cost Recovery Levies) Order 1997 (SR 1997/189).

29 Amendments made by sections 25 to 28 may be amended by Order in Council
  • The regulations and order amended by sections 25 to 28 may be amended as if the amendments effected by those sections had been effected by Order in Council and not by those sections.


Schedule 1
New item inserted in Part 3 of Schedule 1 of Fisheries Act 1996

Section 11

Schedule 2
New Part 5 Added to Schedule 9 of Fisheries Act 1996

Section 14