New Zealand Legislation: Acts

9 Alternative basis for classification of new quota

• (1) This section applies when Te Ohu Kai Moana Trustee Limited is unable to classify a stock under section 8.

  (2) Te Ohu Kai Moana Trustee Limited must consider the evidence from the previous 5 fishing years referred to in section 8(1) for the stock, and classify the stock as—

  • (a) deepwater, if at least 75% of the commercial catch was taken in depths greater than 300 m from the surface; or

  • (b) inshore, if at least 75% of the commercial catch was taken in depths of 300 m or less from the surface; or

  • (c) freshwater, if at least 90% of the commercial catch was taken in freshwater.

  (3) If the classification cannot be determined under subsection (2), Te Ohu Kai Moana Trustee Limited must determine a classification, after taking into account—

  • (a) the fishing gear used to take the stock; and

  • (b) the location where the stock was taken; and

  • (c) any other information that Te Ohu Kai Moana Trustee Limited considers to be relevant.