This note is not part of the regulations, but is intended to indicate their general effect.
These regulations, which come into force on 1 October 1997, contain transitional and savings provisions relating to the commencement of the Fisheries Act 1996.
Regulation 2 defines (for the purposes of the regulations) the Fisheries Act 1983 as the 1983 Act and the Fisheries Act 1996 as the 1996 Act.
Regulation 3 deals with provisions relating to the allocation of quota of a species declared under the 1983 Act to be subject to the quota management system under Part 2A of that Act. Section 363 of the 1996 Act provides that certain quota allocation provisions of the 1996 Act are to apply to such declarations under the 1983 Act.
Paragraph (a) provides that references in sections 35, 37, and 45 of the 1996 Act to holders of fishing permits include references to persons holding special permits. This provision is necessary to ensure that permit holders whose legal entity has changed since the years which qualify them to obtain a quota allocation are not precluded from obtaining quota under the quota allocation provisions.
Paragraph (b) allows references to quota allocated under the 1983 Act to be read as including references to quota allocated under the 1996 Act.
Regulation 4 provides that Schedule 1E of the 1983 Act, which sets out the Crown's contribution to leviable fisheries costs, is to continue to have effect for the purpose of the cost recovery provisions of the 1996 Act.
Regulation 5 provides that, until the full commencement of the quota management system provisions of the 1996 Act, the term quota shares in section 305 of the 1996 Act is to be taken as referring to individual transferable quota, provisional individual transferable quota, or both. Section 305 deals with the application of the Commodity Levies Act 1990 to fish, aquatic life, and seaweed.