Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000

Reprint
as at 1 March 2000

Crest

Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000

(SR 2000/11)

Michael Hardie Boys, Governor-General

Order in Council

At Wellington this 28th day of February 2000

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.

A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.

These regulations are administered by the Ministry of Fisheries.

Pursuant to section 297 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

  • These regulations are the Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000.

2 Commencement

  • These regulations come into force on 1 March 2000.

3 Interpretation

  • In these regulations, unless the context otherwise requires,—

    annual catch limit, in relation to a season, means the greenweight tonnage of orange roughy that may be taken in that season from the high seas area of the South Tasman Rise, as determined in accordance with the Arrangement

    Arrangement—

    • (a) means the Arrangement referred to in regulation 4; and

    • (b) includes any variation of the provisions of the Arrangement entered into in a manner provided by the Arrangement

    Australian fishing zone has the meaning given to it by the Fisheries Management Act 1991 (Commonwealth of Australia)

    Fishing Vessel Register means the vessel register kept under section 57 of the Fisheries Act 1983

    high seas area of the South Tasman Rise means the area lying outside of and adjacent to the Australian fishing zone in waters generally south of Tasmania and enclosed by the line—

    • (a) commencing at the point 48° 30′S, 150°E; then

    • (b) running west along the parallel of latitude 48° 30′S to the point 48° 30′S, 146° 30′E; then

    • (c) north along the meridian of longitude 146° 30′E to its intersection with the outer limit of the Australian fishing zone; then

    • (d) generally easterly and north-easterly along the outer limit of the Australian fishing zone to its first intersection with the meridian of longitude 150°E; then

    • (e) south along that meridian to the point of commencement

    New Zealand national means—

    • (a) a New Zealand citizen; or

    • (b) a person who is ordinarily resident in New Zealand; or

    • (c) a body corporate established by or under New Zealand law

    New Zealand ship has the meaning given to it by section 2(1) of the Ship Registration Act 1992

    orange roughy means the fish with the scientific name Hoplostethus atlanticus

    Party means a Party to the Arrangement

    season means the period of 12 months beginning on 1 March in a year and ending with the close of the last day of February in the next year.

4 Purpose

  • The purpose of these regulations is to give effect to the Arrangement Between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise dated 25 February 2000.

5 Application

  • These regulations apply to—

    • (a) any person who is using a New Zealand ship to engage in trawling or other demersal fishing in the high seas area of the South Tasman Rise; and

    • (b) any New Zealand national who is using a ship, that is not registered under the Ship Registration Act 1992, to engage in trawling or other demersal fishing in that area; and

    • (c) transhipment, other than in port, of fish or aquatic life taken by trawling or other demersal fishing in that area by persons using a New Zealand ship or by New Zealand nationals using a vessel that is not registered under the Ship Registration Act 1992; and

    • (d) the landing in New Zealand of fish or aquatic life taken by trawling or other demersal fishing in that area.

6 Annual catch limits

  • (1) As at 1 March 2000, New Zealand's annual catch limit for the season beginning on that date is 500 greenweight tonnes.

    (2) As soon as practicable before the start of each of the subsequent seasons, the chief executive must publish in the Gazette a notice setting out the annual catch limit for that season.

    (3) If, during the season beginning on 1 March 2000 or during a subsequent season, the Parties agree to vary the annual catch limit for that season,—

    • (a) the chief executive must publish in the Gazette a notice setting out the varied annual catch limit for that season; and

    • (b) the notice must specify the date the varied annual catch limit takes effect and that date may not be earlier than the day after the date on which the notice is published.

7 Closure of fishery

  • (1) As soon as practicable after becoming aware that New Zealand's annual catch limit for a season has been or is about to be reached, the chief executive must close the fishery by notice given in writing to holders of authorisations issued under these regulations.

    (2) A closure under subclause (1) remains in force until the earlier of the following things happens:

    • (a) the closure is lifted by the chief executive by notice given in writing to holders of authorisations issued under these regulations:

    • (b) the next season begins.

8 Authorisation required for trawling or other demersal fishing in fishery

  • (1) No person to whom these regulations apply may use a ship to engage in trawling or other demersal fishing in the high seas area of the South Tasman Rise unless—

    • (a) the person does so under the authority of, and in accordance with, an authorisation issued under regulation 16 in respect of that ship; and

    • (b) the ship is registered—

      • (ii) in the Fishing Vessel Register as a fishing vessel; and

    • (c) the holder of the authorisation is the operator of that fishing vessel.

    (2) No person to whom these regulations apply may engage in trawling or other demersal fishing in the high seas area of the South Tasman Rise under the authority of an authorisation issued under regulation 16 unless the person is—

    • (a) the holder of that authorisation; or

    • (b) an employee or agent of the holder of that authorisation.

9 Authorised New Zealand nationals may use vessel not registered under Ship Registration Act 1992

  • Despite regulation 8, a New Zealand national may engage in trawling or other demersal fishing in the high seas area of the South Tasman Rise, using a ship that is not registered under the Ship Registration Act 1992, if the person does so under the authority of an authorisation issued by a Party other than New Zealand.

10 Landing fish

  • No person may land in New Zealand any fish or aquatic life taken by trawling or other demersal fishing in the high seas area of the South Tasman Rise unless that fish or aquatic life was taken under the authority of an authorisation issued under regulation 16 or issued by a Party other than New Zealand.

11 Transhipment of fish

  • No person may tranship, other than in port, any fish or aquatic life taken by trawling or other demersal fishing in the high seas area of the South Tasman Rise.

12 Application for authorisation

  • (1) A person who wishes to obtain an authorisation under regulation 16 must make an application in writing to the chief executive.

    (2) An application must be accompanied by the appropriate prescribed fee (if any).

13 Further particulars may be required

  • Even though an applicant may have complied with regulation 12, the chief executive may require the applicant to provide further information to assist the chief executive in considering the application.

14 Proof of information

  • The chief executive may require an applicant to provide, in such form as the chief executive may specify, proof of information given by the applicant.

15 Issue of authorisation

  • (1) The chief executive may issue an authorisation under regulation 16 to an applicant or decline to do so.

    (2) Before issuing an authorisation under regulation 16 to an applicant, the chief executive may have regard to—

    • (a) the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel's owner, operator, notified user, master, or crew; and

    • (b) such other matters as the chief executive considers relevant.

16 Term and content of authorisation

  • (1) An authorisation under this regulation may be issued for 1 season only and lapses at the end of that season.

    (2) An authorisation under this regulation must state—

    • (a) the name of the holder; and

    • (b) the fishing vessel to which the authorisation relates; and

    • (c) any conditions to which the authorisation is subject under subclause (3).

    (3) The chief executive may make an authorisation under this regulation subject to conditions, including conditions relating to—

    • (a) the keeping of records and the completing and furnishing of reports:

    • (b) the installation, operation, and maintenance of specified electronic navigation systems or vessel monitoring systems:

    • (c) the receipt of, and accommodation and assistance to, observers on vessels:

    • (d) the specification of the means of communication, and contact persons, for the receipt of Ministry directions and notifications:

    • (e) the retention on board of any catch taken:

    • (f) the landing of fish:

    • (g) the delivery of fish to licensed fish receivers.

    (4) The chief executive may, at any time,—

    • (a) revoke an authorisation under this regulation; or

    • (b) amend or revoke any conditions imposed under subclause (3).

    (5) Any revocation of an authorisation, or amendment or revocation of a condition, under this regulation takes effect at and from the time notice of the revocation or amendment is given to the person holding the authorisation.

17 Authorisation to be carried on board

  • (1) An authorisation issued under regulation 16, or a copy of the authorisation, must be carried on board the vessel to which it relates.

    (2) A person who engages in trawling or other demersal fishing in the high seas area of the South Tasman Rise must produce the authorisation or copy to a fishery officer whenever reasonably requested to do so (whether or not the person is engaged in trawling or other demersal fishing when the request is made).

18 Offences

  • (1) A person commits an offence if the person—

    • (b) contravenes regulation 10 (which relates to the landing in New Zealand of fish taken without an authorisation); or

    • (c) contravenes regulation 11 (which relates to the transhipment of fish or aquatic life); or

    • (d) the person fails to comply with any conditions of an authorisation issued under regulation 16; or

    • (e) the person engages in trawling or other demersal fishing in the high seas area of the South Tasman Rise while the fishery is closed under regulation 7.

    (2) A person who commits an offence against this regulation is liable on summary conviction to a fine not exceeding $100,000.

19 Giving of notices

  • (1) In this section,—

    address means a fax number or an electronic mail address

    electronic transmission means any transmission of information sent electronically; and includes any transmission sent by fax, electronic mail, or electronic data transfer.

    (2) A notice is given to a person in accordance with these regulations if—

    • (a) given to the person personally; or

    • (b) sent by registered post to the person at the person's usual or last known place of business or abode; or

    • (c) given personally to any other person authorised to act on behalf of the person; or

    • (d) sent by registered post to that other person at that other person's usual or last known place of business or abode; or

    • (e) sent by post to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known place of business or abode; or

    • (f) sent by electronic transmission to the person, or any other person authorised to act on the person's behalf, at that person's or other person's usual or last known address.

20 Revocation

  • The Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 1999 (SR 1999/142) are revoked.

Marie Shroff,
Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 March 2000, are intended to give effect to the Arrangement Between the Government of New Zealand and the Government of Australia for the Conservation and Management of Orange Roughy on the South Tasman Rise.

The regulations give effect to the Arrangement by—

  • setting out the annual catch limit agreed by the Parties for the season beginning on 1 March 2000, which is 500 greenweight tonnes:

  • providing for the chief executive to notify in the Gazette the annual catch limit for subsequent seasons:

  • providing for the chief executive to notify in the same way any agreed variations to an annual catch limit:

  • prohibiting trawling and other demersal fishing in the high seas area of the South Tasman Rise without an authorisation issued under regulation 16 or issued by a Party other than New Zealand:

  • prohibiting the landing in New Zealand of fish or aquatic life taken by trawling or other demersal fishing in the high seas area of the South Tasman Rise without an authorisation issued under regulation 16 or issued by a Party other than New Zealand:

  • prohibiting the transhipment, other than in port, of fish or aquatic life taken by trawling or other demersal fishing in the high seas area of the South Tasman Rise:

  • providing a fine not exceeding $100,000 for offences against the regulations.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 29 February 2000.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

  • 4Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • 5List of amendments incorporated in this reprint (most recent first)

Notes
1 General

  • This is a reprint of the Fisheries (South Tasman Rise Orange Roughy Fishery) Regulations 2000. The reprint incorporates all the amendments to the regulations as at 1 March 2000, as specified in the list of amendments at the end of these notes.

    Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.

2 Status of reprints

  • Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.

    This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.

3 How reprints are prepared

  • A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.

4 Changes made under section 17C of the Acts and Regulations Publication Act 1989

  • Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.

    A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.

    In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:

    • •omission of unnecessary referential words (such as “of this section” and “of this Act”)

    • •typeface and type size (Times Roman, generally in 11.5 point)

    • •layout of provisions, including:

      • •indentation

      • •position of section headings (eg, the number and heading now appear above the section)

    • •format of definitions (eg, the defined term now appears in bold type, without quotation marks)

    • •format of dates (eg, a date formerly expressed as “the 1st day of January 1999” is now expressed as “1 January 1999”)

    • •position of the date of assent (it now appears on the front page of each Act)

    • •punctuation (eg, colons are not used after definitions)

    • •Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly

    • •case and appearance of letters and words, including:

      • •format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)

      • •small capital letters in section and subsection references are now capital letters

    • •schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly

    • •running heads (the information that appears at the top of each page)

    • •format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).

5 List of amendments incorporated in this reprint (most recent first)