New Zealand Legislation: Bills

4 Total allowable catch

• (1) Section 13 is amended by inserting the following subsection after subsection (2):

  • “(2A) For the purposes of setting a total allowable catch under this section, if the Minister considers that the current level of the stock or the level of the stock that can produce the maximum sustainable yield is not able to be estimated reliably using the best available information, the Minister must—

    • “(a) not use the absence of, or any uncertainty in, that information as a reason for postponing or failing to set a total allowable catch for the stock; and

    • “(b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock; and

    • “(c) set a total allowable catch—

      • “(i) using the best available information; and

      • “(ii) that is not inconsistent with the objective of maintaining the stock at or above, or moving the stock towards or above, a level that can produce the maximum sustainable yield.”

  (2) Section 13(3) is amended by omitting “paragraph (b) or paragraph (c) of subsection (2) of this section” and substituting “subsection (2)(b) or (c), or (2A) (if applicable)”.

  (3) Section 13(4) and (7) are amended by omitting “subsections (2) and (3)” and substituting in each case “subsections (2), (2A) (if applicable), and (3)”.