New Zealand Legislation: Acts

8 Basis for classifying stock under section 7

• (1) For the purpose of classifying stock under section 7, a stock for which Te Ohu Kai Moana Trustee Limited determines, on the basis of scientific or anecdotal evidence, that the commercial catch during the 5 fishing years prior to the declaration referred to in section 7(1) was entirely taken—

  • (a) at depths greater than 400 m from the surface, must be classified as deepwater:

  • (b) at depths less than 200 m from the surface, must be classified as inshore:

  • (c) in freshwater, must be classified as freshwater.

  (2) For each stock, if any commercial catch was taken during the 5 fishing years prior to the declaration referred to in section 7(1) in any of the harbours listed in Schedule 2, Te Ohu Kai Moana Trustee Limited must determine a harbour quota.

  (3) In relation to each harbour listed in Schedule 2, the proportion of the available settlement quota that is to be classified as harbour quota for each stock must be the proportion of the total commercial catch of that stock taken in that harbour in the fishing year with the highest commercial catch in that harbour during the 5 fishing years prior to the declaration referred to in section 7(1).

  (4) Harbour quota is calculated under subsection (3) in accordance with the following formula:

  Harbour quota for the listed harbour =		a		× c
  		b

  where—

  a

  is the highest commercial catch of a stock in a listed harbour in a fishing year during the 5 fishing years prior to the declaration referred to in section 7(1)

  b

  is the total commercial catch of that stock in that year

  c

  is the available settlement quota.