Fisheries (Reporting) Regulations 2001

Reprint as at 1 October 2016

Coat of Arms of New Zealand

Fisheries (Reporting) Regulations 2001

(SR 2001/188)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 23rd day of July 2001

Present:
The Right Hon Helen Clark presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 297(1)(h) of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1Title
2Commencement
3Interpretation
4Kinds of returns
5Catch, effort, and landing returns
6Catch landing returns
7Monthly harvest returns
8Freshwater eel catch effort returns
9Freshwater eel catch landing returns
10Paua catch effort landing returns
11Trawl catch, effort, and processing returns
11ALining catch effort return
11BNetting catch effort landing returns
11CLining trip catch effort return
11DTrawl catch effort return
11ENon-fish and protected species catch return
12Squid jigging catch effort returns
13Tuna longlining catch effort returns
14Client details annual update form
15Licensed fish receiver details annual update form
16Licensed fish receiver returns
17Annual stocktake for purpose of providing annual inventory return
18Licensed fish receivers must provide annual inventory returns
19Chief executive may require further annual inventory returns
20Licensed fish receiver must be audited and provide annual audit reports
21Licensed fish receiver must appoint suitably qualified person as auditor
22Contents of audit report
23Audit reports for multiple premises
24Licensed fish receiver must sign off audit report
25Licensed fish receiver must provide rectification report if appropriate
26Audit report, etc, must be provided to chief executive within 21 days after receipt from auditor
26AChief executive may grant exemption from requirement to provide audit report
27Chief executive may waive requirements in certain cases
28Separate returns required for each vessel or method
29Return books supplied by chief executive
30Return books must be used for providing returns
31Return books must be kept on vessel, etc
32Chief executive may authorise computer printouts instead of standard returns
33Chief executive may authorise returns to be sent to different place
34Duplicate returns must be retained for 7 years
35Inspection of returns
36Method of entering certain details on return
37Use of codes for certain entries
38Further provisions relating to use of codes for certain entries
39Chief executive may give directions as to manner of completing returns
40Chief executive may specify different intervals, periods, or dates for completing or providing returns
41Chief executive may waive requirements in certain cases
41AInterpretation
41BApplication of this Part
41CApproval as authorised user
41DObligations on authorised user
41EChief executive may direct
41FAlternative requirements may be specified
41GFailure of electronic software
41HChief executive may cancel or vary approval of authorised user
41IApplication by permit holder to cancel or vary approval
41JConsequences of cancellation or variation of approval
41KChief executive to issue access identifiers
41LUse of access identifier
41MRequirements for electronic software
41NApproval of electronic software
42Offences
43Penalties
44Revocation
Gazette Information
Reprint notes

Regulations

1 Title

These are the Fisheries (Reporting) Regulations 2001.

2 Commencement

These regulations come into force on 1 October 2001.

3 Interpretation

(1)

In these regulations, unless the context otherwise requires,—

Act means the Fisheries Act 1996

actual weight means the weight in kilograms of fish in its landed state

additional landed state, in the case of fish landed in 2 or more states, means a landed state other than the principal landed state of the fish

artificially attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

audit trail means the ability to trace the species, state, and weight of fish product through the relevant systems of a licensed fish receiver or person acting as an agent of a licensed fish receiver

auditor means an auditor appointed under regulation 21

beak and mouth, in relation to squid, means the state in which the head, mantle, tentacles, and all internal organs, except the beak and mouth, have been removed

cheeks, in relation to fish, means the state in which the head, body, and internal organs, except that portion of flesh with skin still attached that is extracted from the head forward of the operculum (gill cover), have been removed

client number means the unique identification number assigned by the chief executive to a person who is included in any class listed in section 189 of the Act

destination means the place at which—

(a)

fish or fish product is landed; or

(b)

fish or fish product is held at the time of landing

fish includes all fin fish, shellfish, aquatic life, and seaweed

fish meal by-product means the state in which offcuts and offal from whole fish have been rendered or cooked into a dried form

fish tail means the part of a fish that remains after the head, body, and internal organs have been removed

fisher identification number means the client number allocated to a person

fishing gear has the meaning set out in the Fisheries (Commercial Fishing) Regulations 2001

fishing method has the meaning set out in the Fisheries (Commercial Fishing) Regulations 2001

fishing trip or trip means any period in which fish are taken from, or transferred aboard, a vessel, being a period that—

(a)

commences when the vessel—

(i)

leaves any place at which the vessel is moored or berthed or launched; or

(ii)

enters the exclusive economic zone through its seaward boundary; and

(b)

ends when the vessel—

(i)

returns from sea to a place at which the permit holder using the vessel is permitted to land fish and any fish is removed from the vessel or the vessel with fish on board is removed from the water; or

(ii)

having been granted permission under section 110 of the Act, leaves the exclusive economic zone by its seaward boundary; and

(c)

includes, in relation to a permit holder during a period when the permit holder is not using, or does not have the use of, a vessel or operates otherwise than from a vessel, any period that commences when the permit holder begins to take fish under a permit and ends when the permit holder returns to a point of landing

flaps means the state in which the head, body, and all internal organs of a fish, except the flap of flesh and skin that surrounds the gut cavity, have been removed

foreign fishing vessel means a foreign fishing vessel licensed under section 83 of the Act

green-lipped mussel spat means a shellfish of the species Perna canaliculus that is less than 10 mm in length

gut by-product means an additional landed state in which the internal organs have been removed from the body cavity

head, in relation to a fish, means the state in which the body and all internal organs, except the head, have been removed

head and tentacles, in relation to squid, means the state in which the mantle and all internal organs have been removed after the squid has been dressed

hoki mince by-product means an additional landed state in which offcuts and offal from skin-off fillets or the headed and gutted state have been rendered by a machine into a minced form

holding receptacle

(a)

means any container on land or in water that is used primarily for storing (but not transporting) fish or fish product; and

(b)

includes—

(i)

a freezer or chiller on land:

(ii)

a live fish holding tank on land:

(iii)

a holding pot at sea:

(iv)

a sack, net, or trap used to store live freshwater eels

key internal controls means the specific controls or procedures that are fundamental to the prevention or detection of errors that may undermine the adequacy or reliability of the audit trail in relation to systems or subsystems of a licensed fish receiver

landed state means the state of fish or fish product when it is landed, having regard to the degree or amount of processing that has occurred to the fish since it was taken

landing

(a)

means, in relation to fish taken from a vessel, except in the fresh waters within New Zealand,—

(i)

the removal of a vessel containing fish from New Zealand fisheries waters for the purpose of moving the vessel to any place in New Zealand; or

(ii)

the removal or discharge of fish from a vessel; or

(iii)

the removal of a vessel containing fish from New Zealand fisheries waters under an approval granted under section 110 of the Act; or

(iv)

the disposal, or loss from the permit holder’s possession, of fish that had been placed in a holding receptacle; and

(b)

means, in relation to fish taken other than from a vessel, or taken from a vessel in the fresh waters within New Zealand,—

(i)

the disposal or loss of fish from the permit holder’s possession; or

(ii)

the removal of fish from the immediate vicinity of the body of water from where the fish were taken; or

(iii)

the placement of fish in a holding receptacle; and

(c)

occurs from a vessel—

(i)

when the vessel ceases to be registered or is re-registered under the Act, for whatever reason and by whatever mechanism; or

(ii)

when fish are held on board the vessel at the close of a fishing year if the vessel is operated by, or on behalf of, a person who, during the fishing year ending on that day, has held 100 000 kilograms or more of annual catch entitlement under the Act

landing date means the date on which fish are landed or the date on which a landing commences

length or overall length, in relation to a vessel, means the overall length of the vessel entered in the Fishing Vessel Register

licensed fish receiver client number or LFR client number, in relation to a licensed fish receiver, means the client number allocated to that person

lugs or collars means the state in which—

(a)

the head has been retained after the flesh has been dressed; and

(b)

the flesh, with the skin still attached from immediately behind the head, has been retained

naturally attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

non-fish species means the species listed in Part 2A or 2B of Schedule 3

offal means the state in which the head and body of a fish, except the contents of the gut cavity (including the gills), have been removed

oil, in relation to processed fish or fish product, means an additional landed state in which oil derived from the processed fish or fish product has been removed

permit means a fishing permit issued under section 91 of the Act or a special permit issued under section 97 of the Act

permit holder means a person who holds a current fishing permit issued under section 91 of the Act

point of landing

(a)

means,—

(i)

in relation to fish taken by use of a vessel, a place where fish may be landed from the vessel or where the vessel, containing the fish, may be removed from New Zealand fisheries waters under the conditions of a permit issued in accordance with section 91 or section 97 of the Act, being a place that is described on the permit issued to the person using the vessel to take fish for sale:

(ii)

in relation to fish taken by a permit holder who does not use a vessel or have the use of a vessel or operates otherwise than from a vessel, a place where fish may be landed in accordance with the conditions of the permit; and

(b)

includes—

(i)

a place where fish are transferred from a vessel to another vessel that is a New Zealand fishing vessel, a vessel registered under section 105 of the Act, or a foreign fishing vessel:

(ii)

a place where a vessel leaves the exclusive economic zone of New Zealand by passing through the seaward boundary of that zone:

(iii)

the place at which a vessel that has fish on board is situated at the close of the fishing year if the vessel is being operated by, or on behalf of, a permit holder who, during the fishing year ending on that day, has held 100 000 kilograms or more of annual catch entitlement under the Act:

(iv)

the situation where the registration of a vessel is cancelled or a vessel is re-registered:

(v)

a place where fish or fish product is retained overnight in a holding receptacle

principal landed state, in the case of fish landed in 2 or more states, means the landed state that has the greatest actual weight

protected fish species means the species listed in Part 2C of Schedule 3

related party, in relation to a licensed fish receiver, means—

(a)

any person or body who has the ability, directly or indirectly, to control or exercise significant influence over the licensed fish receiver in making operating, investing, or financing decisions; and

(b)

any person or body over whom the licensed fish receiver has the ability, directly or indirectly, to control or exercise significant influence; and includes—

(i)

any person or body over whom both that person or body and the licensed fish receiver are subject to common control or significant influence by a third party:

(ii)

the persons stated in regulation 21(3)

return means any return or report of a kind set out in regulation 4

shark fins, in relation to any species of shark, means all primary fins associated with that shark

shark fins attached means,—

(a)

in relation to blue shark, the state in which the trunk is processed to the dressed state and the fins are artificially attached:

(b)

in relation to any other species of shark, the state in which the trunk is processed to the headed and gutted state and the fins are naturally attached

sounds or swim bladders means the state in which the head, body, and all internal organs of a fish, except the swim bladders, have been removed

southern blue whiting mince by-product, skin-off fillets means the additional landed state in which offcuts and offal from southern blue whiting mince, skin-off fillets have been rendered by a machine into a minced form

species means the species set out in Parts 2, 2A, 2B, or 2C of Schedule 3

state means a state set out in Part 3 or Part 4 of Schedule 3

statistical area means a statistical area shown on a map referred to in regulation 38

target species, in relation to a permit holder and any fishing method, means the main or major species or class of fish that the permit holder was attempting to take by use of that fishing method

tentacles by-product, in relation to squid or octopus, means the additional landed state in which the head, mantle, and all internal organs have been removed

vessel name means the name of the vessel as entered on its certificate of registration or licence, as the case may require

vessel registration number means,—

(a)

in the case of a New Zealand fishing vessel or fish carrier, the registration number stated in the certificate of registration of that vessel:

(b)

in the case of a foreign fishing vessel, the international call sign of that vessel

wharf sale means a sale or other disposition of fish by a commercial fisher to which section 191(2) of the Act applies

wings, in relation to squid, means the state in which the head, mantle, tentacles, and all internal organs, except the mantle wings, have been removed.

(2)

The term point of landing must, if appropriate,—

(a)

be referred to and entered on a return as “transfer at sea” if paragraph (b)(i) of the definition of the term applies:

(b)

be referred to and entered on a return as “out of zone” if paragraph (b)(ii) of the definition of the term applies:

(c)

be referred to and entered on a return as “end of year” if paragraph (b)(iii) of the definition of the term applies:

(d)

be referred to and entered on a return as, respectively, “registration cancelled” or “vessel re-registered” if paragraph (b)(iv) of the definition of the term applies.

(3)

In these regulations, unless the context otherwise requires, terms used to describe any fishing gear or fishing method have the same meaning as in the Fisheries (Commercial Fishing) Regulations 2001.

(4)

A landed state that is specified in the first column of Part 3 of Schedule 3 has the same meaning as in a notice given by the chief executive under section 188(1) of the Act, if the landed state—

(a)

is not defined in these regulations; but

(b)

is defined in the notice.

Regulation 3(1) artificially attached: inserted, on 1 October 2014, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) dried fins: revoked, on 1 October 2014, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) dried shark fins by-product: revoked, on 1 October 2014, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) fishing gear: amended, on 1 October 2001, pursuant to regulation 86 of the Fisheries (Commercial Fishing) Regulations 2001 (SR 2001/253).

Regulation 3(1) fishing method: amended, on 1 October 2001, pursuant to regulation 86 of the Fisheries (Commercial Fishing) Regulations 2001 (SR 2001/253).

Regulation 3(1) green-lipped mussel spat: inserted, on 1 October 2004, by regulation 3 of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 3(1) holding receptacle: inserted, on 1 October 2001, by regulation 3(1) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 3(1) landing: substituted, on 1 October 2001, by regulation 3(2) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 3(1) landing: amended, on 13 December 2001, by regulation 3(1) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations (No 2) 2001 (SR 2001/344).

Regulation 3(1) landing paragraph (a): amended, on 13 December 2001, by regulation 3(2) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations (No 2) 2001 (SR 2001/344).

Regulation 3(1) landing paragraph (b): amended, on 13 December 2001, by regulation 3(3) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations (No 2) 2001 (SR 2001/344).

Regulation 3(1) landing paragraph (b)(iii): amended, on 1 June 2009, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2009 (SR 2009/96).

Regulation 3(1) landing paragraph (c): added, on 13 December 2001, by regulation 3(4) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations (No 2) 2001 (SR 2001/344).

Regulation 3(1) naturally attached: inserted, on 1 October 2014, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) non-fish species: inserted, on 1 October 2008, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 3(1) point of landing paragraph (b)(v): added, on 1 October 2001, by regulation 3(3) of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 3(1) protected fish species: inserted, on 1 October 2008, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 3(1) shark fins: replaced, on 1 October 2014, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) shark fins attached: inserted, on 1 October 2014, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) species second definition: revoked, on 1 June 2009, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2009 (SR 2009/96).

Regulation 3(1) species: inserted, on 1 October 2008, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 3(1) wet fins: revoked, on 1 October 2014, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(1) wet shark fins by-product: revoked, on 1 October 2014, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2014 (LI 2014/280).

Regulation 3(3): amended, on 1 June 2009, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2009 (SR 2009/96).

Regulation 3(4): added, on 1 October 2006, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Part 1 Kinds of returns

4 Kinds of returns

The kinds of returns required by these regulations are as follows:

(a)

catch, effort, and landing returns:

(b)

catch landing returns:

(c)

monthly harvest returns:

(d)

monthly harvest return amendments:

(e)

trawl catch, effort, and processing returns:

(ea)

lining catch effort returns:

(eb)

netting catch effort landing returns:

(ec)

lining trip catch effort returns:

(ed)

trawl catch effort returns:

(ee)

non-fish and protected species catch return:

(f)

squid jigging catch effort returns:

(g)

tuna longlining catch effort returns:

(h)

freshwater eel catch effort returns:

(i)

freshwater eel catch landing returns:

(j)

paua catch effort landing returns:

(k)

licensed fish receiver returns:

(l)

licensed fish receiver return amendments:

(m)

licensed fish receiver annual inventory returns:

(n)

licensed fish receiver annual audit returns:

(o)

licensed fish receiver details annual update forms:

(p)

client details annual update forms.

Regulation 4(ea): inserted, on 15 January 2004, by regulation 3 of the Fisheries (Reporting) Amendment Regulations (No 3) 2003 (SR 2003/380).

Regulation 4(eb): inserted, on 1 October 2006, by regulation 5 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 4(ec): inserted, on 1 October 2007, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 4(ed): inserted, on 1 October 2007, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 4(ee): inserted, on 1 October 2008, by regulation 5 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

5 Catch, effort, and landing returns

(1)

A permit holder who takes fish, or on whose behalf fish are taken, must complete and provide to the chief executive catch, effort, and landing returns for each particular type of fishing activity undertaken that does not require the permit holder to provide a return under regulation 6, 8, 9, 10, 11, 11A, 11B, 11C, 11D, 12, or 13.

(2)

[Revoked]

(3)

A person required to provide catch, effort, and landing returns must—

(a)

complete, before the end of each day of a fishing trip (or at the end of each day in which more than 1 trip is made), the section of the return headed “Catch/Effort Data” for each day or part-day of a fishing trip; and

(b)

complete, immediately on landing, that section of the return headed “Catch Landing Data”; and

(c)

complete those parts of the last 2 columns for which information is required from a licensed fish receiver immediately on receipt of the necessary information required from a licensed fish receiver.

(4)

Subject to a direction of the chief executive under regulation 40, catch, effort, and landing returns for any fishing trip that ends on any day in a calendar month must be provided not later than 15 days after the last day of the calendar month.

(4A)

A person contravenes this subclause if the person provides a catch, effort, and landing return after the date it was due, but not more than 1 calendar month after the date it was due.

(4B)

A person contravenes this subclause if the person provides or fails to provide a catch, effort, and landing return more than 1 calendar month after the date it was due.

(5)

If no fishing trip has been made in a calendar month, the permit holder must provide, not later than 15 days after the last day of the calendar month, a catch, effort, and landing return that—

(a)

states the person’s client name and number, and vessel name and registration number; and

(b)

states the month and year to which the return relates; and

(c)

is clearly marked as a nil return; and

(d)

is signed and dated by, or on behalf of, the person.

Regulation 5(1): substituted, on 14 January 2005, by regulation 3(1) of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Regulation 5(1): amended, on 1 October 2007, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 5(1): amended, on 1 October 2006, by regulation 6 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 5(2): revoked, on 14 January 2005, by regulation 3(2) of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Regulation 5(4A): inserted, on 1 October 2001, by regulation 4 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 5(4B): inserted, on 1 October 2001, by regulation 4 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

6 Catch landing returns

(1)

A permit holder who takes fish, or on whose behalf fish are taken, from a vessel must complete and provide to the chief executive catch landing returns for the vessel if the fish are taken from a vessel for which the following returns are required to be provided under regulations 11 to 13:

(a)

trawl catch, effort, and processing returns:

(aa)

lining catch effort returns:

(ab)

lining trip catch effort returns:

(ac)

trawl catch effort returns:

(b)

squid jigging catch effort returns:

(c)

tuna longlining catch effort returns.

(2)

A person required to provide catch landing returns must—

(a)

complete a return at the end of each landing, except those parts of the last 2 columns of the section of the return headed “Catch Landing Data” for which information is required from a licensed fish receiver; and

(b)

complete those parts of the last 2 columns immediately on receipt of the necessary information from a licensed fish receiver.

(3)

Subject to a direction of the chief executive under regulation 40, catch landing returns for a fishing trip must be provided to the chief executive not later than—

(a)

15 days after the last day of the fishing trip for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(aa), (a), or (b) must be provided:

(b)

15 days after the last day of the calendar month in which the fishing trip ended for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(ab), (ac), or (c) must be provided.

(3A)

A person contravenes this subclause if the person provides a catch landing return after the date it was due, but not more than 1 calendar month after the date it was due.

(3B)

A person contravenes this subclause if the person provides or fails to provide a catch landing return more than 1 calendar month after the date it was due.

(4)

If no fishing trip has been made in a calendar month, the permit holder must provide to the chief executive, not later than 15 days after the last day of the calendar month, a catch landing return that—

(a)

states the person’s client name and number, and vessel name and registration number; and

(b)

states the month and year to which the return relates; and

(c)

is clearly marked as a nil return; and

(d)

is signed and dated by, or on behalf of, the person.

Regulation 6(1)(aa): inserted, on 15 January 2004, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 3) 2003 (SR 2003/380).

Regulation 6(1)(ab): inserted, on 1 October 2007, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 6(1)(ac): inserted, on 1 October 2007, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 6(3): substituted, on 11 July 2002, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 6(3)(a): amended, on 1 April 2004, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Regulation 6(3)(b): substituted, on 1 April 2008, by regulation 6 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 6(3A): inserted, on 11 July 2002, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 6(3B): inserted, on 11 July 2002, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

7 Monthly harvest returns

(1)

In addition to any other returns required to be completed and provided under these regulations, a person must complete and provide to the chief executive monthly harvest returns if the person—

(a)

is a permit holder; or

(b)

has been granted an approval under section 110 of the Act that contains a condition requiring the person to provide monthly harvest returns; or

(c)

has been issued with a special permit under section 97 of the Act that contains a condition requiring the person to provide monthly returns; or

(d)

is advised by the chief executive in writing that the person must provide monthly harvest returns; or

(e)

is an operator who, being a New Zealand national using a New Zealand ship, takes any highly migratory species that is—

(i)

subject to the quota management system outside New Zealand fisheries waters; and

(ii)

taken outside New Zealand fisheries waters; and

(iii)

taken for the purpose of sale.

(1A)

Regulation 7(1)(e) does not apply, and no monthly harvest return is required, if the operator proves to the satisfaction of the chief executive that—

(a)

the operator was authorised to take the stock in the national fisheries jurisdiction of another State; and

(b)

if the other State has a national allocation for the stock taken, the catch was recorded against the other State’s allocation; and

(c)

the other State has agreed to comply with all of the conservation and management measures of the competent regional fisheries management organisation for the relevant species.

(2)

Subject to a direction of the chief executive under regulation 40, a person required to provide monthly harvest returns must—

(a)

complete a return for each calendar month for all fish taken during that month, except—

(i)

in relation to any fish recorded in any kind of return under these regulations if the appropriate destination type code for those fish is F, R, P, Q, D, T, or X; or

(ii)

in relation to any fish on board a vessel if the vessel’s fishing trip spans a calendar month; or

(iii)

in relation to any fish that are—

(A)

taken outside New Zealand fisheries waters; and

(B)

not subject to the quota management system outside New Zealand fisheries waters; and

(b)

provide the return to the chief executive not later than 15 days after the last day of each calendar month.

(2A)

A person contravenes this subclause if the person provides a monthly harvest return after the date it was due, but not more than 1 calendar month after the date it was due.

(2B)

A person contravenes this subclause if the person provides or fails to provide a monthly harvest return more than 1 calendar month after the date it was due.

(3)

If the exception in subclause 2(a)(i) or (ii) ceases to apply, a person who subsequently lands that fish must—

(a)

include that fish in the monthly harvest return for the calendar month in which the exception ceased to apply; and

(b)

comply with subclause (2)(b).

(3A)

For the purposes of subclause (3), in the case of fish that are required to be recorded against destination type code T, the fish must be recorded by the person who took the fish in the monthly harvest return for the calendar month in which the fish were subsequently landed.

(4)

If no fish are required to be reported, the person required to provide the report must—

(a)

complete a return for each calendar month; and

(b)

provide to the chief executive, not later than 15 days after the last day of each calendar month, a monthly harvest return that—

(i)

states the person’s client name and number; and

(ii)

states the month and year to which the return relates; and

(iii)

is clearly marked as a nil return; and

(iv)

is signed and dated by, or on behalf of, the person.

(5)

If a person considers that his or her monthly harvest return contains an error, the person may amend the form, using the monthly harvest return amendment set out in form 4 of Schedule 2, only after his or her monthly harvest return has been received and accepted by the chief executive.

(6)

[Revoked]

(7)

This regulation does not require a person to report on a monthly harvest return any fish, aquatic life, or seaweed taken or retained by an observer under Part 12 of the Act.

Regulation 7(1)(d): amended, on 1 October 2004, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 7(1)(e): added, on 1 October 2004, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 7(1A): inserted, on 1 October 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 7(2)(a)(i): amended, on 1 October 2006, by regulation 7 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 7(2)(a)(i): amended, on 2 October 2003, by regulation 3 of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Regulation 7(2)(a)(i): amended, on 11 July 2002, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 7(2)(a)(ii): amended, on 1 October 2004, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 7(2)(a)(iii): added, on 1 October 2004, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 7(2A): inserted, on 1 October 2001, by regulation 5 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 7(2B): inserted, on 1 October 2001, by regulation 5 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 7(3): substituted, on 11 July 2002, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 7(3A): inserted, on 11 July 2002, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 7(6): revoked, on 1 October 2008, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 2) 2008 (SR 2008/274).

Regulation 7(7): added, on 11 July 2002, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

8 Freshwater eel catch effort returns

(1)

A permit holder who targets freshwater eels, or on whose behalf freshwater eels are targeted, by any method must complete and provide to the chief executive freshwater eel catch effort returns.

(2)

A person who is required to provide freshwater eel catch effort returns must complete, before the end of the day in which fishing gear was lifted or retrieved, as many lines of information in section 3 of the return as are necessary to record that day’s fishing activity.

(3)

Subject to a direction of the chief executive under regulation 40, freshwater eel catch effort returns for a calendar month must be provided to the chief executive not later than 15 days after the last day of that calendar month.

(4)

A person contravenes this subclause if the person provides a freshwater eel catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(5)

A person contravenes this subclause if the person provides or fails to provide a freshwater eel catch effort return more than 1 calendar month after the date it was due.

Regulation 8(4): added, on 1 October 2001, by regulation 6 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 8(5): added, on 1 October 2001, by regulation 6 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

9 Freshwater eel catch landing returns

(1)

A permit holder who targets freshwater eels, or on whose behalf freshwater eels are targeted, by any method must complete and provide to the chief executive freshwater eel catch landing returns unless subclause (4) applies.

(2)

A person who is required to provide freshwater eel catch landing returns must complete, immediately on landing, as many of the lines of information in section 3 of the return as are necessary to record that landing, with the exception of the last 2 columns, which must be completed immediately on receipt of the necessary information from a licensed fish receiver.

(3)

Subject to a direction of the chief executive under regulation 40, freshwater eel catch landing returns for a calendar month must be provided to the chief executive not later than 15 days after the last day of that calendar month.

(3A)

A person contravenes this subclause if the person provides a freshwater eel catch landing return after the date it was due, but not more than 1 calendar month after the date it was due.

(3B)

A person contravenes this subclause if the person provides or fails to provide a freshwater eel catch landing return more than 1 calendar month after the date it was due.

(4)

If a permit holder is an operator or notified user of more than 1 fishing vessel, and no fish were landed in a calendar month that were taken while targeting freshwater eels, the permit holder must provide to the chief executive, not later than 15 days after the last day of the calendar month, a catch, effort, and landing return in accordance with regulation 5 that—

(a)

states the permit holder’s client name and number; and

(b)

states the month and year to which the return relates; and

(c)

states the vessel’s name and registration number; and

(d)

is clearly marked as a nil return; and

(e)

is signed and dated by, or on behalf of, the permit holder.

(5)

If a permit holder is not an operator or notified user of more than 1 fishing vessel, and no fish were landed in a calendar month that were taken while targeting freshwater eels, the permit holder must provide to the chief executive, not later than 15 days after the last day of that calendar month, a freshwater eel catch landing return that—

(a)

states the permit holder’s client name and number; and

(b)

states the month and year to which the return relates; and

(c)

is clearly marked as a nil return; and

(d)

is signed and dated by, or on behalf of, the permit holder.

Regulation 9(3A): inserted, on 1 October 2001, by regulation 7 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 9(3B): inserted, on 1 October 2001, by regulation 7 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

10 Paua catch effort landing returns

(1)

A permit holder who targets paua, or on whose behalf paua is targeted, by the method of diving, must complete and provide to the chief executive paua catch effort landing returns.

(2)

A person required to provide paua catch effort landing returns must—

(a)

complete, before the end of each day that diving takes place, as many lines of information in section 3 of the return that are necessary to record that day’s fishing activity; and

(b)

complete, immediately on landing, as many lines of information in section 4 of the return as are necessary to record that landing, except the last 2 columns, which must be completed immediately on receipt of the necessary information from a licensed fish receiver.

(3)

Subject to a direction of the chief executive under regulation 40, paua catch effort landing returns for a calendar month must be provided to the chief executive not later than 15 days after the last day of the calendar month.

(3A)

A person contravenes this subclause if the person provides a paua catch effort landing return after the date it was due, but not more than 1 calendar month after the date it was due.

(3B)

A person contravenes this subclause if the person provides or fails to provide a paua catch effort landing return more than 1 calendar month after the date it was due.

(4)

If no paua taken by diving were landed in a calendar month, and no diving for paua occurred in the same month, the permit holder must provide to the chief executive, not later than 15 days after the last day of that calendar month, a paua catch effort landing return that—

(a)

states the permit holder’s name and client number; and

(b)

states the vessel’s name and registration number; and

(c)

states the month and year to which the return relates; and

(d)

is clearly marked as a nil return; and

(e)

is signed and dated by, or on behalf of, the permit holder.

Regulation 10(3A): inserted, on 1 October 2001, by regulation 8 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 10(3B): inserted, on 1 October 2001, by regulation 8 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

11 Trawl catch, effort, and processing returns

(1)

A permit holder who takes fish, or on whose behalf fish are taken, by the method of trawling from a vessel must complete and provide to the chief executive trawl catch, effort, and processing returns for the vessel if the vessel—

(a)

is more than 28 metres in overall length; or

(b)

is a vessel for which the chief executive has advised the permit holder in writing that trawl catch, effort, and processing returns must be provided.

(2)

A person required to provide trawl catch, effort, and processing returns for a vessel must—

(a)

complete a return on each day or part-day that the vessel is on a fishing trip; and

(b)

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

(3)

A person contravenes this subclause if the person provides a trawl catch, effort, and processing return after the date it was due, but not more than 1 calendar month after the date it was due.

(4)

A person contravenes this subclause if the person provides or fails to provide a trawl catch, effort, and processing return more than 1 calendar month after the date it was due.

Regulation 11(2)(a): amended, on 1 October 2008, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 2) 2008 (SR 2008/274).

Regulation 11(2)(b): amended, on 11 July 2002, by regulation 5(1) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152) .

Regulation 11(3): added, on 11 July 2002, by regulation 5(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 11(4): added, on 11 July 2002, by regulation 5(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

11A Lining catch effort return

(1)

A permit holder who takes fish, or on whose behalf fish are taken, by the methods of bottom longlining, surface longlining (targeting species other than tuna or swordfish), and trot lining from a vessel must complete and provide to the chief executive lining catch effort returns if the vessel—

(a)

is more than 28 metres in overall length; or

(b)

is a vessel for which the chief executive has advised the permit holder in writing that lining catch effort returns must be provided.

(2)

A person required to provide lining catch effort returns for a vessel must—

(a)

complete a return for each day of a fishing trip on which a line setting operation is commenced from the vessel; and

(b)

complete all of the return, except for the information about hauling, species caught, and signature, before the end of the day on which line setting commenced; and

(c)

complete the information about hauling and species caught as soon as the hauling operation for that set is completed; and

(d)

sign and date the return as soon as all fishing reported on the return is completed; and

(e)

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

(3)

A person contravenes this subclause if the person provides a lining catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(4)

A person contravenes this subclause if the person provides or fails to provide a lining catch effort return more than 1 calendar month after the date it was due.

Regulation 11A: inserted, on 15 January 2004, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 3) 2003 (SR 2003/380).

Regulation 11A(1): amended, on 1 October 2005, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

11B Netting catch effort landing returns

(1)

A permit holder who takes fish, or on whose behalf fish are taken, by the method of set netting, inshore drift netting, or pair set netting from a vessel must complete and provide to the chief executive netting catch effort landing returns if the vessel—

(a)

is 6 metres or more in overall length; or

(b)

is a vessel for which the chief executive has advised the permit holder in writing that netting catch effort landing returns must be provided.

(2)

The permit holder must—

(a)

complete separate returns for each fishing trip; and

(b)

complete a column of catch and effort information in section 2 of the return for each set as soon as hauling for the set is completed; and

(c)

complete section 3 (relating to trip information) immediately on landing; and

(d)

complete section 4 (relating to catch landing data) immediately on landing, except any part of the last 2 columns that requires information from a licensed fish receiver; and

(e)

complete any remaining part of the last 2 columns of section 4 immediately on receipt of the information required from the licensed fish receiver; and

(f)

complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

(g)

provide the return to the chief executive no later than 15 days after the last day of the calendar month in which the fishing trip ends.

(3)

In subclause (2)(b), a set includes all nets that are set—

(a)

to target the same species; and

(b)

within 2 nautical miles of the first net that is set; and

(c)

as soon as practicable after the first net is set.

(4)

A person contravenes this subclause if the person provides a netting catch effort landing return after the date it is due, but no more than 1 calendar month after that date.

(5)

A person contravenes this subclause if the person provides or fails to provide a netting catch effort landing return more than 1 calendar month after the date it is due.

(6)

If no fishing trip is made in a calendar month, the permit holder must—

(a)

state that month and the year in the space next to “landing date” in section 3 of a return; and

(b)

clearly mark the return as a nil return; and

(c)

complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

(d)

provide the return to the chief executive no later than 15 days after the last day of that month.

Regulation 11B: inserted, on 1 October 2006, by regulation 8 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

11C Lining trip catch effort return

(1)

A permit holder who takes fish, or on whose behalf fish are taken, by the methods of bottom longlining, surface longlining (targeting species other than tuna or swordfish), or trot lining from a vessel must complete and provide to the chief executive a lining trip catch effort return if the vessel—

(a)

is 6 metres or more but not more than 28 metres in overall length; or

(b)

is a vessel for which the chief executive has advised the permit holder in writing that a lining trip catch effort return must be provided.

(2)

A person required to provide a lining trip catch effort return must—

(a)

complete a separate lining trip catch effort return for each fishing trip; and

(b)

complete the fishing method, hook spacing, name of fisher, and permit holder and vessel details before completing the details relating to the setting of the first set required by the return; and

(c)

complete, for each set, a separate column of catch effort information; and

(d)

complete, for each set, the information about the setting as soon as the setting for that set is completed; and

(e)

complete, for each set, the information about the hauling and species caught as soon as the hauling for that set is completed; and

(f)

record, for each set, the setting information on the same return that is used to record the hauling information for that set; and

(g)

sign and date the return after all fishing reported on the return is completed; and

(h)

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

(3)

In subclause (2), a set includes all lines that are set—

(a)

to target the same species; and

(b)

with the same fishing method, hook spacing, and name of fisher; and

(c)

within 2 nautical miles of the start of the first line; and

(d)

as soon as is practicable following the setting of the first line.

(4)

A person contravenes this subclause if the person provides a lining trip catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(5)

A person contravenes this subclause if the person provides or fails to provide a lining trip catch effort return more than 1 calendar month after the date it was due.

Regulation 11C: inserted, on 1 October 2007, by regulation 7 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

11D Trawl catch effort return

(1)

A permit holder who takes fish, or on whose behalf fish are taken, by the methods of bottom trawl, bottom pair trawl, mid-water trawl, or mid-water pair trawl from a vessel must complete and provide to the chief executive a trawl catch effort return if the vessel—

(a)

is 6 metres or more but not more than 28 metres in overall length; or

(b)

is a vessel for which the chief executive has advised the permit holder in writing that a trawl catch effort return must be provided.

(2)

A person required to provide a trawl catch effort return must—

(a)

complete a separate trawl catch effort return for each fishing trip; and

(b)

complete the gear code, design wingspread, design headline height, and permit holder and vessel details before the start of the first shot reported on the return; and

(c)

complete, for each shot, a separate column of catch effort information as soon as hauling for that shot is completed; and

(d)

sign and date the return after all fishing reported on the return is completed; and

(e)

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

(3)

A person contravenes this subclause if the person provides a trawl catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(4)

A person contravenes this subclause if the person provides or fails to provide a trawl catch effort return more than 1 calendar month after the date it was due.

Regulation 11D: inserted, on 1 October 2007, by regulation 7 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

11E Non-fish and protected species catch return

(1)

A permit holder who takes non-fish species or protected fish species listed in Parts 2A, 2B, or 2C of Schedule 3, whether alive or dead, or on whose behalf non-fish species or protected fish species are taken, whether alive or dead, must complete and provide to the chief executive non-fish and protected species catch returns.

(2)

The permit holder must—

(a)

complete a return for each fishing trip on which a non-fish species or protected fish species is taken; and

(b)

complete a row of non-fish or protected fish species catch information in section 3 of the return as soon as it becomes evident that a non-fish or protected fish species has been taken; and

(c)

complete, as soon as the first row in section 3 of the non-fish and protected species catch return has been completed,—

(i)

section 4 of the return; and

(ii)

the permit holder and vessel details in section 5 of the return; and

(d)

sign and date the return after all fishing reported on the return has been completed; and

(e)

provide the return to the chief executive no later than the due date for the return that reports the effort during which the non-fish species or protected fish species was taken.

(3)

The permit holder must use the relevant species code listed in Part 2C of Schedule 3 to report protected fish species.

(4)

The permit holder must use the relevant species code listed in Part 2A of Schedule 3 to report non-fish species unless they cannot identify the species, in which case they must use the most appropriate species group code from Part 2B of Schedule 3.

(5)

If a permit holder finds a tag from a marine turtle, the tag number must be reported to the chief executive in the manner specified by the chief executive in relation to the non-fish and protected species catch return.

(6)

A person contravenes this subclause if the person provides a non-fish and protected species catch return after the date it is due, but not more than 1 calendar month after that date.

(7)

A person contravenes this subclause if the person provides or fails to provide a non-fish and protected species catch return more than 1 calendar month after the date it is due.

Regulation 11E: inserted, on 1 October 2008, by regulation 7 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

12 Squid jigging catch effort returns

(1)

A permit holder who takes squid, or on whose behalf squid are taken, by the method of jigging from a vessel (including a foreign fishing vessel) must complete and provide to the chief executive squid jigging catch effort returns for that vessel.

(2)

A person required to provide squid jigging catch effort returns for any vessel must—

(a)

complete a return on each day or part-day that the vessel is on a fishing trip; and

(b)

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

(3)

A person contravenes this subclause if the person provides a squid jigging catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(4)

A person contravenes this subclause if the person provides or fails to provide a squid jigging catch effort return more than 1 calendar month after the date it was due.

Regulation 12(2)(a): amended, on 1 October 2008, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2008 (SR 2008/274).

Regulation 12(2)(b): amended, on 11 July 2002, by regulation 6(1) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 12(3): added, on 11 July 2002, by regulation 6(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 12(4): added, on 11 July 2002, by regulation 6(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

13 Tuna longlining catch effort returns

(1)

A permit holder who targets tuna or swordfish, or on whose behalf tuna or swordfish are targeted, by the method of longlining from a vessel (including a foreign fishing vessel) must complete, and provide to the chief executive, tuna longlining catch effort returns for that vessel.

(2)

A person required to provide tuna longlining catch effort returns for any vessel must—

(a)

complete a return for every set made from the vessel on a fishing trip immediately after the set is completed; and

(b)

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

(3)

A person contravenes this subclause if the person provides a tuna longlining catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

(4)

A person contravenes this subclause if the person provides or fails to provide a tuna longlining catch effort return more than 1 calendar month after the date it was due.

Clause 13(1): substituted, on 1 October 2005, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Regulation 13(2)(a): amended, on 1 October 2008, by regulation 7 of the Fisheries (Reporting) Amendment Regulations (No 2) 2008 (SR 2008/274).

Regulation 13(2)(b): substituted, on 11 July 2002, by regulation 7(1) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 13(3): added, on 11 July 2002, by regulation 7(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 13(4): added, on 11 July 2002, by regulation 7(2) of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

14 Client details annual update form

(1)

A person who has a client number and who is advised by the chief executive in writing that a client details annual update form must be completed must complete and provide to the chief executive a duly completed form within 14 days after receiving the request from the chief executive to provide the information.

(2)

A person to whom a new client number is issued must complete and provide to the chief executive those details required by the chief executive on the approved form.

(3)

A person who has a client number must advise the chief executive, within 1 calendar month, of any changes to the person’s information.

15 Licensed fish receiver details annual update form

(1)

A licensed fish receiver who is advised by the chief executive in writing that a licensed fish receiver details annual update form must be completed must complete and provide to the chief executive a duly completed form within 14 days after receiving the request from the chief executive to provide the information.

(2)

If a licensed fish receiver licence is issued for a period of more than 12 months, the chief executive must request in writing that a licensed fish receiver details annual update form be provided annually.

(3)

A licensed fish receiver must advise the chief executive as soon as practicable of any changes to the information on their licensed fish receiver details annual update form.

16 Licensed fish receiver returns

(1)

A person who holds a fish receiver’s licence under the Fisheries (Licensed Fish Receivers) Regulations 1997 must complete and provide to the chief executive licensed fish receiver returns.

(2)

Subject to a direction of the chief executive under regulation 40, a person required to provide licensed fish receiver returns must—

(a)

complete a return for that calendar month for fish received during the month; and

(b)

provide the return to the chief executive not later than 15 days after the last day of that calendar month.

(2A)

A person contravenes this subclause if the person provides a licensed fish receiver return after the date it was due, but not more than 1 calendar month after the date it was due.

(2B)

A person contravenes this subclause if the person provides or fails to provide a licensed fish receiver return more than 1 calendar month after the date it was due.

(3)

If no fish have been received in a calendar month, the person required to provide the return must—

(a)

complete a return for the calendar month; and

(b)

provide to the chief executive, not later than 15 days after the last day of the calendar month, a licensed fish receiver return that—

(i)

states the person’s name and client number; and

(ii)

states the month and year to which the return relates; and

(iii)

is clearly marked as a nil return; and

(iv)

is signed and dated by, or on behalf of, the person.

(4)

If a person considers that his or her licensed fish receiver return contains an error, the person may amend the form, using a licensed fish receiver return amendment in form 11 of Schedule 2, only after his or her licensed fish receiver return has been received and accepted by the chief executive.

(5)

[Revoked]

Regulation 16(2A): inserted, on 1 October 2001, by regulation 9 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 16(2B): inserted, on 1 October 2001, by regulation 9 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 16(5): revoked, on 1 October 2008, by regulation 8 of the Fisheries (Reporting) Amendment Regulations (No 2) 2008 (SR 2008/274).

Part 2 Inventory and audit of licensed fish receivers

17 Annual stocktake for purpose of providing annual inventory return

(1)

A licensed fish receiver must, at least once during each fishing year, carry out a physical stocktake in accordance with this regulation for the purpose of providing an annual inventory return under regulation 18.

(2)

The physical stocktake—

(a)

may be undertaken on any date within the fishing year that the licensed fish receiver determines, being a date that is at least 6 months after the date of any previous stocktake for which an annual inventory was provided under regulation 18:

(b)

must be undertaken on the same day for all operating premises and storage locations of the licensed fish receiver:

(c)

must cover all categories of inventory owned, and all categories of inventory held, by the licensed fish receiver on the date of the stocktake, including the following categories:

(i)

processed fish that is ready for sale:

(ii)

fish in the course of being processed:

(iii)

unprocessed fish:

(iv)

fish in transit (being fish that is being transported from one location to another, whether or not either location is owned by the licensed fish receiver):

(v)

fish owned by the licensed fish receiver that is held by a person other than the licensed fish receiver:

(vi)

fish held by the licensed fish receiver that is owned by another person:

(vii)

bait:

(viii)

any other category of fish not included in the categories set out in subparagraphs (i) to (vii).

18 Licensed fish receivers must provide annual inventory returns

(1)

A licensed fish receiver must provide to the chief executive an annual inventory return for each fishing year.

(2)

An annual inventory return for a fishing year must—

(a)

relate to the physical stocktake carried out in accordance with regulation 17; and

(b)

be provided to the chief executive in the same manner and at the same time as the audit report provided under regulation 26.

(3)

An annual inventory return must include, for all categories of fish referred to in regulation 17(2)(c), the following information:

(a)

the species and state of all the fish:

(b)

the number of fish containers, the net weight of the fish in each container, and the total net weight of each species of fish:

(c)

in the case of fish in transit, the locations to and from which the fish are being transported, and the name of the carrier:

(d)

in the case of fish held by a person other than the licensed fish receiver, sufficient details to identify that person and the location where the fish are held:

(e)

in the case of fish held but not owned by the licensed fish receiver, sufficient details to identify the owner, species, state, and weight of all fish held on behalf of the owner.

(4)

A nil return must be provided for a nil inventory.

(5)

An annual inventory return must—

(a)

certify that the physical stocktake to which the return relates was undertaken on the date stated on the return; and

(b)

certify that the return does not contain false or misleading information, and is a true representation of all inventory owned and all inventory held by the licensed fish receiver on that date; and

(c)

be signed by the licensed fish receiver or a person authorised to act on behalf of the licensed fish receiver.

(6)

References to weight in subclause (3)(b) and (e) must, in the case of Foveaux Strait dredge oysters, be read as references to the number of oysters.

19 Chief executive may require further annual inventory returns

(1)

If the chief executive considers on reasonable grounds that an annual inventory return fails to meet the requirements of these regulations, the chief executive may, by notice in writing, require the licensed fish receiver concerned—

(a)

to provide a fresh return for the matters stated in the notice; or

(b)

to undertake, within the same fishing year, another physical stocktake, and to provide an annual inventory return for that stocktake.

(2)

A notice given under subclause (1)(a) must state the manner and form in which the return must be completed, and a reasonable time within which the return must be provided.

(3)

A licensed fish receiver who receives a notice given under subclause (1) must comply with the notice.

20 Licensed fish receiver must be audited and provide annual audit reports

(1)

A licensed fish receiver must—

(a)

ensure that an annual audit is carried out of the licensed fish receiver’s fish-related operations for each fishing year; and

(b)

No later than 30 November in each year, provide to the chief executive an annual audit report or reports about those operations.

(1A)

A person contravenes this subclause if the person provides or fails to provide an annual audit report within 2 calendar months after the date it was due.

(1B)

A person contravenes this subclause if the person provides or fails to provide an annual audit report more than 2 calendar months after the date it was due.

(2)

There must be a minimum period of 6 months between audits for different fishing years.

(3)

The first audit of a newly licensed fish receiver must be carried out within 6 months after the granting of the fish receiver’s licence.

(4)

A person contravenes this subclause if the person carries out the first audit of a newly licensed fish receiver after the time frame specified in subclause (3), but not more than 1 calendar month after that time frame.

(5)

A person contravenes this subclause if the person carries out or fails to carry out the first audit of a newly licensed fish receiver more than 1 month after the time frame specified in subclause (3).

Regulation 20(1A): inserted, on 1 October 2001, by regulation 10 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 20(1B): inserted, on 1 October 2001, by regulation 10 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 20(1B): amended, on 1 June 2009, by regulation 5 of the Fisheries (Reporting) Amendment Regulations 2009 (SR 2009/96).

Regulation 20(4): added, on 11 July 2002, by regulation 8 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 20(5): added, on 11 July 2002, by regulation 8 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

21 Licensed fish receiver must appoint suitably qualified person as auditor

(1)

A licensed fish receiver must appoint a suitably qualified person to carry out an audit of the licensed fish receiver’s fish-related operations, and make a report on that audit.

(2)

A person is suitably qualified only if—

(a)

the person holds a certificate, degree, diploma, registration, or similar qualification, whether obtained in New Zealand or elsewhere, that is relevant to the current practices of accounting and auditing; or

(b)

the person is sufficiently skilled in the specialised areas of identifying and interpreting the systems and relevant internal controls of the business activities of a licensed fish receiver to give a reasoned opinion on the adequacy of those systems and internal controls.

(3)

A licensed fish receiver may not appoint as an auditor a person who—

(a)

has a close relationship to the licensed fish receiver; or

(b)

is an officer, employee, or shareholder of the licensed fish receiver; or

(c)

is a person associated (in terms of paragraphs (a) or (b)) with a related party.

22 Contents of audit report

(1)

An audit report must contain the information and documentation set out in Schedule 1 under each of the following section headings:

(a)

systems section:

(b)

internal controls section:

(c)

supporting information section.

(2)

An audit report, including each section of the report, must clearly identify the premises to which the report or section relates.

23 Audit reports for multiple premises

(1)

If a licensed fish receiver operates from more than 1 set of premises,—

(a)

only 1 audit report need be made and provided for all of the premises if the fish-related activities in all of the premises are substantially the same in relation to the nature of the species dealt with and the nature of the handling and processing operations for those species; but

(b)

if different systems or subsystems of documentation, internal controls, or disposal and selling methods apply in those premises, the relevant information relating to each system and subsystem must be reported on separately in the audit report.

(2)

An audit report, including each separate section of the report, must clearly identify the premises to which it applies and the location of the premises.

24 Licensed fish receiver must sign off audit report

(1)

After receiving an audit report, a licensed fish receiver, or a person authorised to act on behalf of the licensed fish receiver, must certify that the licensed fish receiver has read, understood, and, subject to any reservations noted by the licensed fish receiver, accepted the results of the report.

(2)

If the licensed fish receiver does not accept any or all of the results of the audit, the licensed fish receiver must, in writing, identify and record the areas of non-acceptance, giving reasons.

25 Licensed fish receiver must provide rectification report if appropriate

If, in an audit report, an auditor identifies a deficiency with the nature and extent of the audit, or a failure to comply with any of the Fisheries (Recordkeeping) Regulations 1990, the licensed fish receiver must provide to the chief executive, along with the audit report, a separate rectification report outlining the steps taken or proposed to be taken to rectify the deficiency or failure to comply.

26 Audit report, etc, must be provided to chief executive within 21 days after receipt from auditor

(1)

Within 21 days after receiving an audit report from an auditor, a licensed fish receiver must provide to the chief executive—

(a)

the audit report; and

(b)

the certification and any written reservations referred to in regulation 24; and

(c)

any rectification report required by regulation 25; and

(d)

the annual inventory return for that fishing year required by regulation 18.

(2)

A licensed fish receiver must, either on or before the day on which the audit report is provided to the chief executive, advise the chief executive in writing of—

(a)

the name of the auditor; and

(b)

any professional qualifications held by the auditor; and

(c)

the reasons why the licensed fish receiver considers the auditor to be suitably qualified.

26A Chief executive may grant exemption from requirement to provide audit report

(1)

The chief executive may, on application by a licensed fish receiver, exempt the licensed fish receiver, for a period of up to 2 years, from the requirement under regulation 20 to be audited and to provide a report of the audit.

(2)

An exemption under subclause (1) may be granted on any terms and conditions that the chief executive thinks fit.

(3)

Before granting an exemption, the chief executive may require the licensed fish receiver to supply any information that the chief executive requires, including—

(a)

information about the nature of the licensed fish receiver’s business:

(b)

information about any changes (or intended changes) to the licensed fish receiver’s business.

(4)

The chief executive may revoke an exemption granted under subclause (1) at any time if the chief executive is satisfied that—

(a)

the licensed fish receiver has breached any conditions on which the exemption was granted; or

(b)

the nature of the licensed fish receiver’s business has so changed that the basis on which the exemption was granted to the licensed fish receiver no longer applies; or

(c)

the licensed fish receiver has been convicted of an offence against the Act or any regulations made under the Act; or

(d)

the integrity of the fisheries compliance system may be put at risk if the exemption granted to the licensed fish receiver were to continue.

Regulation 26A: inserted, on 1 October 2007, by regulation 8 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

27 Chief executive may waive requirements in certain cases

(1)

The chief executive may exempt any person or class of persons from the need to comply with the requirement to provide a return under this Part if the chief executive is satisfied that—

(a)

compliance with any requirement of this Part would cause undue hardship or would be impracticable; and

(b)

the purpose behind the requirement would be equally well achieved by some other method.

(2)

An exemption—

(a)

may be subject to any conditions or be for a limited period:

(b)

may apply to a particular person, or a class, or description of persons:

(c)

may apply to fish generally, or any species, class, or description of fish:

(d)

may apply to particular premises, or any class or description of premises.

(3)

An exemption, including any conditions to which the exemption is subject,—

(a)

must be notified in writing to the person or persons concerned or, if it relates to or affects a class of persons, may be notified in the Gazette or in any New Zealand publication that relates primarily to commercial fishing:

(b)

may be revoked by the chief executive at any time by notice given in the manner set out in paragraph (a).

Part 3 Returns generally

28 Separate returns required for each vessel or method

A person who is required to provide returns under these regulations must provide appropriate returns under regulation 5, 6, 8, 9, 10, 11, 11A, 11B, 11C, 11D, 11E, 12, or 13 for—

(a)

each vessel; and

(b)

each method or group of methods—

(i)

used from each vessel:

(ii)

used otherwise than from a vessel.

Regulation 28: substituted, on 14 January 2005, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Regulation 28: amended, on 1 October 2008, by regulation 8 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 28: amended, on 1 October 2007, by regulation 9 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 28: amended, on 1 October 2006, by regulation 9 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

29 Return books supplied by chief executive

(1)

The chief executive must ensure that return books for each of the kinds of returns referred to in these regulations are available.

(2)

A return book must contain,—

(a)

in the case of return books for catch, effort, and landing returns, returns in form 1 of Schedule 2:

(b)

in the case of return books for catch landing returns, returns in form 2 of Schedule 2:

(c)

in the case of return books for monthly harvest returns, returns in form 3 of Schedule 2:

(d)

in the case of return books for trawl catch, effort, and processing returns, returns in form 5 of Schedule 2:

(da)

in the case of return books for lining catch effort returns, returns in form 5A of Schedule 2:

(db)

in the case of return books for netting catch effort landing returns, returns in form 5B of Schedule 2:

(dc)

in the case of return books for lining trip catch effort returns, returns in form 5C of Schedule 2:

(dd)

in the case of return books for trawl catch effort returns, returns in form 5D of Schedule 2:

(e)

in the case of return books for squid jigging catch effort returns, returns in form 6 of Schedule 2:

(f)

in the case of return books for tuna longlining catch effort returns, returns in form 7 of Schedule 2:

(g)

in the case of freshwater eel catch effort returns, returns in form 8 of Schedule 2:

(h)

in the case of freshwater eel catch landing returns, returns in form 9 of Schedule 2:

(i)

in the case of paua catch effort landing returns, returns in form 10 of Schedule 2:

(j)

in the case of licensed fish receiver returns, returns in form 12 of Schedule 2:

(k)

in the case of return books for non-fish and protected species catch returns, returns in form 13 of Schedule 2.

(3)

The chief executive may, if the chief executive thinks fit,—

(a)

include within, or make separately available with, any return book—

(i)

a copy or summary of any of the provisions of these regulations:

(ii)

a copy or summary of any of the notes that are set out in Schedule 2 for the relevant return form:

(iii)

explanatory notes explaining terms used in the form, or explaining or elaborating on the manner in which the return must be completed or provided:

(b)

state in any language other than English, either in addition to, or in replacement of, the English version, any of the matters contained in—

(i)

the return forms in a return book; or

(ii)

any material referred to in paragraph (a).

Regulation 29(2)(da): inserted, on 15 January 2004, by regulation 7 of the Fisheries (Reporting) Amendment Regulations (No 3) 2003 (SR 2003/380).

Regulation 29(2)(db): inserted, on 1 October 2006, by regulation 10 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 29(2)(dc): inserted, on 1 October 2007, by regulation 10 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 29(2)(dd): inserted, on 1 October 2007, by regulation 10 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 29(2)(k): added, on 1 October 2008, by regulation 9 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

30 Return books must be used for providing returns

(1)

A person who is required to provide returns of any sort under these regulations must, unless otherwise authorised under regulation 32 or section 296 of the Act,—

(a)

obtain books of the relevant returns from the chief executive; and

(b)

enter all information required for the relevant return in the appropriate book—

(i)

in duplicate (except in the case of monthly harvest returns, monthly harvest return amendments, licensed fish receiver returns, or licensed fish receiver return amendments); and

(ii)

in a legible and durable manner; and

(iii)

in accordance with the requirements of these regulations and with any notes or explanatory notes supplied or made available by the chief executive under regulation 29(3)(a)(ii) and (iii) or any directions notified by the chief executive to that person under regulation 39; and

(c)

provide to the chief executive the top, or original, copy of the information entered; and

(d)

retain in each book of returns the duplicate, or second, copy of that information (except in the case of monthly harvest returns or licensed fish receiver returns).

(2)

If a person is required by regulation 28 to provide separate returns for different vessels or fishing methods,—

(a)

a separate book of returns must be obtained for each vessel, or each fishing method or group of methods; and

(b)

the information to be entered in a particular book of returns must relate to the use of the particular vessel or other fishing method or group of methods only.

31 Return books must be kept on vessel, etc

(1)

Until a book of returns is completely used on the completion of the last return contained in it, the book must be retained—

(a)

on board the vessel (if any) to which the book relates at any time when the vessel is being used or operated to take fish; and

(b)

at any other time, either on board the vessel (if any) to which the book relates or in the custody of the person whose responsibility it is to complete and provide the returns.

(2)

The person who is responsible for completing and providing returns for the vessel must take custody of the book of returns at the earliest opportunity on or after the last day of the trip if, during the period of a trip undertaken by a vessel,—

(a)

the registration of the vessel is cancelled; or

(b)

the vessel is re-registered; or

(c)

the permit under which fish may be taken by the vessel is cancelled; or

(d)

a book of returns relating to the vessel is completely used.

32 Chief executive may authorise computer printouts instead of standard returns

(1)

Despite regulations 29 to 31, the chief executive may authorise a particular person or class of person to supply a particular return or class of returns by way of a computer printout that is in the same or substantially the same style and form as the returns contained in the appropriate book of returns.

(2)

An authorisation—

(a)

must be in writing and addressed to the person whose responsibility it is to provide the return or returns; and

(b)

must be subject to the conditions (if any) that the chief executive may state in writing; and

(c)

may be withdrawn at any time by the chief executive in writing.

(3)

If a person is authorised to provide a return by way of computer printout,—

(a)

the person must make and (except in the case of monthly harvest returns, monthly harvest return amendments, licensed fish receiver returns, or licensed fish receiver return amendments) retain a duplicate or second copy of the return; and

(b)

the provisions of these regulations must, subject to any conditions or exceptions stated by the chief executive, and with any necessary modifications, apply as if—

(i)

the computer printout provided or to be provided to the chief executive were the original copy of a return contained in a book of returns; and

(ii)

the duplicate or second copy of the printout were a duplicate or second copy of a return contained in a book of returns.

33 Chief executive may authorise returns to be sent to different place

The chief executive may, at the request of a person required to provide returns, authorise the person in writing to send a particular return or class of returns to a place other than the place notified by the chief executive under section 295 of the Act.

34 Duplicate returns must be retained for 7 years

(1)

A person who is required by these regulations to provide a return must retain in the person’s custody, for a period of not less than 7 years after the date of completion of the return,—

(a)

in the case of a return made in accordance with regulation 30, the duplicate or second copy of the return; or

(b)

in the case of a return made under Part 4A, a copy of the return.

(2)

Subclause (1) does not apply to the following returns:

(a)

a monthly harvest return:

(b)

a monthly harvest return amendment:

(c)

a licensed fish receiver return:

(d)

a licensed fish receiver return amendment.

Regulation 34: substituted, on 1 October 2009, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

35 Inspection of returns

A person who is required by these regulations to provide a return or who has custody of a return must, on request by the chief executive or a fishery officer,—

(a)

immediately produce for inspection the return that is the subject of the request (whether original or duplicate, and whether or not completed or already provided to the chief executive); and

(b)

cause or allow copies to be taken of that return.

Part 4 Completion of returns

36 Method of entering certain details on return

(1)

For the purpose of completing a return, unless otherwise stated on the return or in any notes referred to in regulation 29(3)(a)(ii) and (iii) or unless the chief executive otherwise notifies the person who is required to complete the return in writing,—

(a)

subject to subclause (2), all weights and container capacities must be recorded in kilograms:

(b)

all lengths and distances must be recorded in metres:

(c)

all mesh sizes must be recorded in millimetres:

(d)

all speeds must be recorded in knots, except that wind speed and wind force must be recorded in metres per second:

(e)

all times must be recorded in hours and minutes according to a 24-hour clock in New Zealand standard time or New Zealand daylight time, whichever is for the time being applicable, and all dates must be recorded in terms of that applicable time:

(f)

all temperatures must be recorded in degrees celsius:

(g)

all matters for which a code is required by regulation 37 to be entered must be entered using the most appropriate code:

(h)

a reference in a return to a landing of containers must,—

(i)

if the landing occurs on the removal or discharge of fish from the vessel concerned, be read as a reference to the containers of fish removed or discharged:

(ii)

if the landing occurs on the removal of the vessel concerned from New Zealand fisheries waters, be read as a reference to the containers of fish on the vessel:

(i)

container information need not be completed in respect of any returns to the sea properly made in accordance with Schedule 6 of the Fisheries Act 1996.

(2)

If fish is landed in 2 or more states,—

(a)

the landed state that has the greatest actual weight is the principal landed state, and its weight must be recorded in kilograms; and

(b)

all other landed states are additional landed states, and their weight must be recorded as the actual weight of the fish in that landed state; but

(c)

the weight of the additional landed state of any fish must not be recorded on a monthly harvest return or monthly harvest return amendment; and

(d)

a licensed fish receiver must not record the weight or species of any additional landed state of fish received by the licensed fish receiver on any licensed fish receiver return or licensed fish receiver return amendment.

(3)

However,—

(a)

all weights of fish, aquatic life, or seaweed (except scallops and Foveaux Strait dredge oysters) must be recorded in greenweight kilograms using, if appropriate to the landed state of the fish, aquatic life, or seaweed,—

(i)

the conversion factors stated in a notice or certificate given by the chief executive under section 188(1) or (2) of the Act; or

(ii)

any spat ratio set by a notice made under section 188A of the Act:

(b)

all scallop weights must be recorded in meatweight, being the weight of scallops remaining when the shell, skirt, and gut has been removed and discarded:

(c)

all Foveaux Strait dredge oysters must be recorded in oyster numbers, and those numbers must, if appropriate, be recorded in any part of a return that refers to weight as if 1 oyster weighed 1 kilogram:

(d)

all paua weights in PAU 4 must be recorded in greenweight kilograms using the appropriate conversion factor set out in any notice given by the chief executive under section 188(1) of the Act to translate the shucked weight to greenweight.

(4)

For the purpose of trawl catch, effort, and processing returns and tuna longlining catch effort returns, any reference to a processed state must be read as if it were a reference to a landed state, and the weight of fish in those states must be calculated in accordance with this regulation.

Regulation 36(1)(i): added, on 1 April 2008, by regulation 10 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 36(3)(a): substituted, on 1 October 2004, by regulation 4 of the Fisheries (Reporting) Amendment Regulations (No 3) 2004 (SR 2004/328).

Regulation 36(3)(a)(i): substituted, on 1 October 2006, by regulation 11 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 36(3)(d): added, on 1 October 2009, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 36(4): amended, on 31 March 2003, by regulation 3 of the Fisheries (Reporting) Amendment Regulations 2003 (SR 2003/25).

37 Use of codes for certain entries

Unless the chief executive otherwise notifies the person who is required to complete the return in writing, if there is required to be entered on a return—

(a)

any fishstock to which the return relates, the person completing the return must enter the appropriate fishstock code stated in table 1 (or, in the case of freshwater eels, in table 11, or, in the case of green-lipped mussel and green-lipped mussel spat, in table 17, or, in the case of oreos, in table 21) in Part 1 of Schedule 3 for the species or class of fish taken, the area in which the fish were taken (except in the case of offal), and, if appropriate, the fishing method by which the fish were taken:

(b)

any fish, non-fish, or protected fish species to which the return relates, the person completing the return must enter the appropriate code stated for the species in Part 2, 2A, 2B, or 2C of Schedule 3:

(c)

any statistical area in which any fishing method or fishing gear is or was being used to take any species of fish, the person completing the return must enter—

(i)

the appropriate statistical area code determined in accordance with, and by reference to, the maps referred to in regulation 38; or

(ii)

the latitude and longitude of each place where the fish were taken or where fishing commenced; or

(iii)

if the permit holder required to provide the return has been advised in writing by the chief executive to provide this information in a specific manner, the information in accordance with the advice of the chief executive:

(d)

the landed state of fish to which the return relates, the person completing the return must enter,—

(i)

in the case of fish landed whole or in only 1 state or as a principal landed state, the landed state code in Part 3 of Schedule 3 that best represents that state:

(ii)

in the case of fish landed as an additional landed state, the landed state code in Part 4 of Schedule 3 that best represents that state:

(e)

the container type of the container in which the fish is landed, the person completing the return must enter the container type code stated in Part 5 of Schedule 3 that best describes that type of container:

(f)

the destination of fish taken, the person completing the return must enter the destination type code stated in Part 6 of Schedule 3 that best describes the manner in which the fish is held or disposed of at the time of landing:

(g)

the gear type used in taking any fish, the person completing the return (being a trawl return) must enter the gear code stated in Part 7 of Schedule 3 that best describes the type of trawl net used in taking the fish:

(h)

the method used in taking any fish, the person completing the return must enter the method code stated in Part 8 of Schedule 3 that best describes the method used in taking the fish:

(i)

the cloud cover for the taking of any fish, the person completing the return must enter the cloud cover code stated in Part 9 of Schedule 3 that best describes the type of cloud cover at the time the fish were taken.

Regulation 37(a): amended, on 1 April 2007, by regulation 4 of the Fisheries (Reporting) Amendment Regulations 2007 (SR 2007/34).

Regulation 37(a): amended, on 1 October 2004, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Regulation 37(b): substituted, on 1 October 2008, by regulation 11 of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 37(c): substituted, on 1 October 2005, by regulation 5 of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

38 Further provisions relating to use of codes for certain entries

(1)

For the purposes of regulation 37(c)(i), the chief executive must—

(a)

certify any maps that may be required to show—

(i)

the different statistical areas (for 1 or more species of fish that may be stated or referred to on the map) for which different statistical area codes are to be used; and

(ii)

the statistical area code to be used for each statistical area; and

(b)

lodge all certified maps at the head office of the Ministry; and

(c)

ensure that copies of all maps (whether full-size or reduced) are available for supply to persons required to provide returns under these regulations.

(2)

For the purposes of subclause (1), the chief executive must certify different maps for the following species and general locations:

(a)

scallops taken in waters adjacent to the east coast of the North Island between North Cape and Cape Rodney:

(b)

scallops taken in waters adjacent to the east coast of the North Island between Cape Rodney and Town Point:

(c)

scallops taken in waters adjacent to the west coast of the North Island between North Cape and Tauroa Point:

(d)

scallops and dredge oysters taken in waters adjacent to the north coast of the South Island between Farewell Spit and Robertson Point:

(e)

scallops and dredge oysters taken in waters surrounding the Chatham Islands:

(f)

dredge oysters taken in waters between the south coast of the South Island and Stewart Island:

(g)

paua taken in waters adjacent to the coast of New Zealand:

(h)

rock lobster taken in waters adjacent to the coast of New Zealand:

(i)

eels taken in the internal and estuarine waters of the North Island (and any statistical area shown on the map must be treated as including, if appropriate, the estuarine waters adjacent or contiguous to that statistical area):

(j)

eels taken in the internal and estuarine waters of the South Island and Chatham Islands (and any statistical area shown on the map must be treated as including, if appropriate, the estuarine waters adjacent or contiguous to that statistical area):

(k)

all species or classes of fish taken in New Zealand fisheries waters that—

(i)

are not species or classes of fish stated in paragraphs (a) to (j); or

(ii)

are of a species or class referred to in any of those paragraphs, but are not taken in any statistical area shown on the relevant map.

39 Chief executive may give directions as to manner of completing returns

(1)

If the chief executive considers that a person required to provide returns under these regulations has not completed or provided any return or part of a return in an appropriate manner,—

(a)

the chief executive may, by notice in writing, require the person to provide to the chief executive a fresh return completed in the manner and provided within the reasonable time that may be directed by the chief executive; and

(b)

the person must provide the fresh return in accordance with the direction of the chief executive.

(2)

If the chief executive considers that a person required to provide returns under these regulations is not or has not been completing returns in an appropriate manner,—

(a)

the chief executive may, by notice in writing, direct the person as to the manner in which returns must be completed by that person, whether by reference to material referred to in regulation 29(3)(a) or by specific direction in the particular case; and

(b)

the person must subsequently ensure that returns provided by the person comply with that direction.

40 Chief executive may specify different intervals, periods, or dates for completing or providing returns

(1)

If the chief executive considers it necessary or desirable to assist in the utilisation, while ensuring the sustainability, of any fishery resource,—

(a)

the chief executive may, by notice in writing to a person required to provide returns under these regulations, direct the person to complete and provide returns of any kind at the intervals, periods, or dates that the chief executive may determine; and

(b)

the person must subsequently complete and provide returns in accordance with that direction.

(2)

If a person is required to provide any return under this regulation, nothing in regulations 5 to 16 requires the person to provide a return of the same kind for any period that is included in the return required under this regulation, unless the chief executive stipulates otherwise.

41 Chief executive may waive requirements in certain cases

(1)

The chief executive may waive or suspend any requirement of these regulations in relation to any person or class of persons required to provide returns if the chief executive is satisfied that—

(a)

compliance with any requirement of these regulations would cause undue hardship or would be unduly impracticable; and

(b)

the waiver or suspension of any requirement would not unduly prejudice the management and conservation of any fishery resource.

(2)

A waiver or suspension—

(a)

must be notified in writing to the person or persons concerned or, if it relates to a class of persons, may be notified in the Gazette or in any New Zealand publication that relates primarily to commercial fishing:

(b)

must apply for the period and be subject to the conditions that may be stated by the chief executive:

(c)

may be revoked by the chief executive at any time in the manner stated in paragraph (a).

Part 4A Electronic transmission of returns

Part 4A: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41A Interpretation

In this Part, unless the context otherwise requires,—

access identifier means an identifier that—

(a)

is issued to an individual by the chief executive for the purpose of completing and providing returns using electronic software; and

(b)

uniquely identifies that individual

authorised user means a person approved by the chief executive under regulation 41C to complete and provide returns using electronic software

electronic software means software that—

(a)

is approved by the chief executive under regulation 41N; and

(b)

must be used by every authorised user for completing and providing returns under this Part.

Regulation 41A: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41B Application of this Part

This Part—

(a)

applies to all returns approved for electronic transmission by the chief executive under section 296(1) of the Act; but

(b)

does not limit the application of the other provisions of these regulations to returns completed or provided under this Part, unless otherwise specified in this Part.

Regulation 41B: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Approval of authorised users

Heading: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41C Approval as authorised user

(1)

A permit holder may apply to the chief executive—

(a)

for approval as an authorised user; and

(b)

for any other person to be approved as an authorised user so that the person may act on behalf of the permit holder.

(2)

An application made under subclause (1) must be made in the approved form, accompanied by the prescribed fee (if any).

(3)

The chief executive must give written notice to the permit holder and any person acting as an authorised user on behalf of that permit holder—

(a)

of the decision on the application; and

(b)

of the date on and from which the permit holder and any authorised user acting on behalf of the permit holder must complete and provide returns using electronic software.

(4)

Regulation 30(1)(b) to (d) and (2)(b) does not apply to an authorised user completing and providing returns under this Part, except in the circumstances described in regulations 41G(1)(a) and 41J(1)(a).

Regulation 41C: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41D Obligations on authorised user

(1)

A permit holder or any authorised user acting on behalf of the permit holder must, from the date specified by notice given under regulation 41C(3), complete and provide all returns for which the permit holder is approved under that regulation, using electronic software.

(2)

A permit holder contravenes this regulation if the permit holder, or an authorised user acting on behalf of the permit holder, fails to complete and provide returns as required by subclause (1) on and from the date specified in the notice given under regulation 41C(3)(b).

Regulation 41D: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Changes to approvals

Heading: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41E Chief executive may direct

(1)

The chief executive may, by notice in the Gazette, direct a permit holder or class of permit holders to complete and provide returns to the chief executive using electronic software.

(2)

A notice given under subclause (1) must specify the date on and from which the direction applies.

Regulation 41E: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41F Alternative requirements may be specified

(1)

The chief executive may, by notice in the Gazette, direct a permit holder or class of permit holders to complete and provide returns using electronic software to the chief executive at intervals, after periods, or on dates that the chief executive determines.

(2)

The chief executive must consult with the Minister before giving notice under subclause (1).

(3)

A permit holder contravenes this regulation if the permit holder, or an authorised user acting on behalf of that permit holder, fails to complete and provide a return in accordance with a direction given under subclause (1).

Regulation 41F: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41G Failure of electronic software

(1)

If, because the electronic software fails or for any other reason beyond the control of the authorised user, an authorised user is unable to complete or provide a return using electronic software,—

(a)

the authorised user must complete and provide a return in accordance with regulation 30; and

(b)

as soon as practicable, the permit holder on whose behalf the authorised user is acting must notify the chief executive that the authorised user is unable to complete or provide a return using electronic software.

(2)

A permit holder contravenes this regulation if a return is not able to be completed or provided using electronic software unless—

(a)

the authorised user acting on behalf of the permit holder completes and provides a return in accordance with regulation 30; and

(b)

the permit holder notifies the chief executive as required by subclause (1)(b).

Regulation 41G: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41H Chief executive may cancel or vary approval of authorised user

(1)

The chief executive may, on his or her own initiative, cancel or vary the approval of the following persons as authorised users:

(a)

a permit holder:

(b)

an authorised user acting on behalf of a permit holder.

(2)

Before the chief executive may cancel or vary an approval under subclause (1), the chief executive must—

(a)

give written notice of the proposal to do so to the permit holder or authorised user acting on behalf of the permit holder; and

(b)

give that person a reasonable opportunity to make submissions to the chief executive on the proposal; and

(c)

consider any submissions made by the permit holder or any authorised user.

(3)

The chief executive must give notice in writing to the permit holder or authorised user—

(a)

of the decision; and

(b)

of the date on which any cancellation or variation of an approval takes effect.

Regulation 41H: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41I Application by permit holder to cancel or vary approval

(1)

A permit holder may apply to the chief executive to cancel or vary the approval as an authorised user—

(a)

of the permit holder; or

(b)

of an authorised user acting on behalf of that permit holder.

(2)

An application under subclause (1) to vary an approval must be made in the approved form, accompanied by the prescribed fee (if any).

(3)

In the case of an application to cancel or vary the approval of an authorised user acting on behalf of the permit holder, the chief executive must give written notice of the application to the authorised user concerned.

(4)

When the chief executive has determined an application, written notice of the decision and the date on which any cancellation or variation takes effect must be given to—

(a)

the permit holder; and

(b)

any authorised user acting on behalf of that permit holder who is the subject of the decision.

Regulation 41I: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41J Consequences of cancellation or variation of approval

(1)

A permit holder whose approval as an authorised user is cancelled under regulation 41H or 41I

(a)

must comply with the requirements of regulation 30(1)(b) to (d) and (2)(b); and

(b)

contravenes this regulation if the permit holder—

(i)

purports to complete or provide a return by electronic software on or after the date specified in the notice; or

(ii)

fails to comply with the requirements of regulation 30(1)(b) to (d) and (2)(b).

(2)

A permit holder whose approval as an authorised user is varied under regulation 41H or 41I contravenes this regulation if the permit holder fails to complete and provide a return using electronic software in accordance with the approval as varied.

Regulation 41J: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Access identifier

Heading: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41K Chief executive to issue access identifiers

(1)

The chief executive must issue an access identifier to every person approved as an authorised user.

(2)

The access identifier may be in a form or of a kind determined by the chief executive.

(3)

The chief executive may, by written notice to the authorised user, impose conditions for the use and security of the access identifier that apply—

(a)

to all authorised users generally; or

(b)

to a particular authorised user.

Regulation 41K: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41L Use of access identifier

(1)

The access identifier issued to an authorised user must not be used except by that person.

(2)

If a return is completed and provided using an access identifier issued to an authorised user, the completion or provision of that return is, in the absence of proof to the contrary, sufficient evidence that the authorised user to whom the access identifier was issued has completed and provided that return.

(3)

If an access identifier is used by a person other than by the person to whom it was issued, subclause (2) does not apply provided, before any unauthorised use occurs, the chief executive is notified that the access identifier is no longer secure by—

(a)

the authorised user to whom it was issued; or

(b)

the permit holder on whose behalf the authorised user is acting.

Regulation 41L: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Electronic software

Heading: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41M Requirements for electronic software

(1)

The chief executive may issue circulars setting out the requirements that apply to electronic software.

(2)

Different requirements may be set out for different types of electronic software.

(3)

Without limiting subclauses (1) and (2), a circular may specify the following matters:

(a)

the organisations authorised to test electronic software:

(b)

the minimum requirements for the operation of electronic software.

Regulation 41M: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

41N Approval of electronic software

(1)

Any person may apply to the chief executive to approve electronic software.

(2)

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

(3)

If the electronic software submitted for approval complies with the requirements set out in the circulars issued under regulation 41M, the chief executive must—

(a)

approve that software; and

(b)

notify its approval in the Gazette.

(4)

The chief executive may, by notice in the Gazette, vary or cancel an approval given under this regulation.

Regulation 41N: inserted, on 1 October 2009, by regulation 6 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Part 5 Offences and penalties

42 Offences

Every person commits an offence who—

(a)

contravenes or fails to comply with the requirements of any of regulations 14, 15, 20(2), 31, 32(3)(a), 34, or 35:

(c)

contravenes or fails to comply with the requirements of any of regulations 5(4B), 6(3B), 7(2B), 8(5), 9(3B), 10(3B), 11(4), 11A(4), 11B(5), 11C(5), 11D(4), 11E(7), 12(4), 13(4), 16(2B), 20(1B) or (5), 21 to 26, 40, 41D(2), 41F(3), 41G(2), or 41J(1) and (2):

(d)

fails to provide returns in the manner specified by these regulations:

(e)

makes any false or misleading statement or entry of information in any returns required by these regulations.

Regulation 42: substituted, on 1 October 2001, by regulation 11 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 42(b): substituted, on 11 July 2002, by regulation 9 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 42(b): amended, on 1 October 2009, by regulation 7(1)(a) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(b): amended, on 1 October 2009, by regulation 7(1)(b) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(b): amended, on 1 October 2009, by regulation 7(1)(c) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(b): amended, on 1 October 2009, by regulation 7(1)(d) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(b): amended, on 1 October 2008, by regulation 12(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 42(b): amended, on 1 October 2007, by regulation 11(1) of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 42(b): amended, on 1 October 2006, by regulation 12(1) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 42(c): substituted, on 11 July 2002, by regulation 9 of the Fisheries (Reporting) Amendment Regulations 2002 (SR 2002/152).

Regulation 42(c): amended, on 1 October 2009, by regulation 7(2)(a) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(c): amended, on 1 October 2009, by regulation 7(2)(b) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(c): amended, on 1 October 2009, by regulation 7(2)(c) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(c): amended, on 1 October 2009, by regulation 7(2)(d) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(c): amended, on 1 October 2009, by regulation 7(2)(e) of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Regulation 42(c): amended, on 1 October 2008, by regulation 12(2) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Regulation 42(c): amended, on 1 October 2007, by regulation 11(2) of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Regulation 42(c): amended, on 1 October 2006, by regulation 12(2) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Regulation 42(c): amended, on 15 January 2004, by regulation 8(2) of the Fisheries (Reporting) Amendment Regulations (No 3) 2003 (SR 2003/380).

43 Penalties

Every person who commits an offence—

(a)

against regulation 42(a) is liable on conviction to a fine not exceeding $10,000:

(b)

against regulation 42(b) is liable on conviction to a fine not exceeding $20,000:

(c)

against regulation 42(c), (d), or (e) is liable on conviction to a fine not exceeding $100,000.

Regulation 43: substituted, on 1 October 2001, by regulation 12 of the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001 (SR 2001/255).

Regulation 43(a): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 43(b): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Regulation 43(c): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

44 Revocation

The Fisheries (Reporting) Regulations 1990 (SR 1990/214) are revoked.

Schedule 1 Contents of audit report

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A Systems section

1

Identify all source documents generated to support each and every identifiable system or subsystem within the licensed fish receiver’s fish related activity, and document by way of flowcharts (ie, a separate flowchart for each identifiable system or subsystem).

A narrative description of any of the identified systems or subsystems may be provided if, in the opinion of the auditor, it is more appropriate. The auditor must give reasons for this.

2

Identify on the flowchart (or narrative opinion if applicable) for each relevant system or subsystem the source document that, in the opinion of the auditor, represents the prescribed source document required under Part 2 of the Fisheries (Recordkeeping) Regulations 1990.

3

Document for each of the prescribed source documents the extent to which they comply with the requirements of the Fisheries (Recordkeeping) Regulations 1990 in terms of—

(a)

manner and form:

(b)

content:

(c)

retention.

Report exceptions in a manner that provides maximum assistance to the licensed fish receiver to enable subsequent compliance.

4

Append to the audit report a photocopy of a completed example of each source document that, in the opinion of the auditor, constitutes a prescribed source document within the meaning of regulation 11 of the Fisheries (Recordkeeping) Regulations 1990.

B Internal controls section

1

Provide an opinion, with supporting reasons, on the nature and extent of the internal control environment, having regard to the size of the business and number of personnel involved.

2

Provide an opinion, with supporting reasons, on the existence or non-existence of key internal controls that support each of the systems and subsystems.

3

Provide an opinion, with supporting reasons, on the effectiveness and verifiability of the internal control systems supporting the information that is provided to the Ministry on any return relevant to the function of the licensed fish receiver (eg, a licensed fish receiver return or an annual inventory return).

4

Reconcile the current annual inventory return with internal supporting work papers and review the return in terms of compliance with the requirements set out in regulation 18. Provide positive confirmation of that reconciliation and review and document any unresolved areas of concern.

C Supporting information section

1

Disclose any relationship with, or interests the auditor has in, the licensed fish receiver or a related party and the nature and extent of any services provided, or intended or contracted to be provided, to the licensed fish receiver.

2

State whether the auditor has obtained all information and explanations required.

3

Describe the nature and extent of the fish-related activities of the licensed fish receiver (eg, specify whether also a fisher or the holder of an annual catch entitlement).

4

Provide a chart setting out the various activities, divisions, and locations relevant to the licensed fish receiver’s business operation, and identify the premises or locations that form the basis of that audit opinion.

5

Provide a flowchart or diagram that indicates the relationship between the licensed fish receiver and related parties of the licensed fish receiver, showing, where the interests are fish-related, the location and activities of their related interests.

Schedule 2 Forms

r 29

Form 1 Catch, effort and landing return

Catch effort and landing return

Schedule 2 form 1: substituted, on 1 October 2008, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Notes to form 1

A Effort data: The information to be entered in the columns appearing under the heading “Effort data” will vary according to the fishing method involved. These columns should be completed in the manner indicated in notes 1 to 8 below in relation to the relevant fishing method.

Any columns not specified should be left blank.

B Catch data: The information to be entered under the heading “For each change of day, method, or stat area, enter estimated greenweight catch by species in order of quantity” will vary according to the fishing method involved. For “Lining methods: bottom and surface longlining, drop or dahn lining, and trot lining” (note 5) and “Other lining methods: handlining, trolling, and pole and lining” (note 6), these columns should be completed in the manner indicated in notes 5(c) and 6(d) below. For all other methods, catch data should be recorded as greenweight kilograms for all species excluding scallops (to be recorded in meatweight) and Foveaux Strait dredge oysters (to be recorded as the number of individual oysters taken).

 

  • 1

    Trawling

    • (a)

      Time columns: enter the total shot or tow time for which the fishing gear being used is at target depth on the relevant day. Include time before midnight for tows completed after midnight.

    • (b)

      Column A: enter the number of shots or tows completed in the day (or “one”, where latitudes and longitudes are required for each shot or tow).

    • (c)

      Column B: enter the design wing spread of the trawl net in metres.

    • (d)

      Column C: enter the design or average headline height in metres of the trawl net.

 

  • 2

    Dredging

    • (a)

      Time columns: enter the total time from the start of the first tow in the day to the finish of the last tow in the day.

    • (b)

      Column A: enter the number of tows completed in the day (or “one”, where latitudes and longitudes are required for each tow).

    • (c)

      Column B: enter the dredge width in metres.

 

  • 3

    Seining

    • (a)

      Column A: enter the total number of sets or shots in the day (or “one” where latitudes and longitudes are required for each set or shot).

    • (b)

      Column B: for seining methods other than Danish seining, enter the total length of net and all warps (if any) in metres used in a set or shot.

    • For Danish seining enter the length of the groundrope in metres.

    • (c)

      Column C: for purse seining only, enter the call sign of the spotter plane (if any) used for searching for fish, or “N” if no spotter plane was used.

    • (d)

      Column D: for purse seining only, enter the sea surface temperature in degrees and tenths of a degree Celsius.

 

  • 4

    Set netting and inshore driftnetting

    • (a)

      Time columns: enter the total time from the start of setting the first net hauled in the day to the end of hauling the last net in that day (which may be a period exceeding 24 hours if the first net hauled that day was set on a previous day).

    • (b)

      Column A: enter the total length of nets hauled in the day (or in the set, where latitudes and longitudes are required for each set).

    • Nets hauled more than once should be counted as separate nets each time they are hauled.

    • (c)

      Column C: enter the mesh size of the nets used (in millimetres).

 

  • 5

    Lining methods: bottom and surface longlining, drop or dahn lining, and trot lining

    • (a)

      Column A: enter the total number of hooks hauled in the day. Hooks hauled more than once should be counted as a separate hook each time they are hauled.

    • (b)

      Column B: enter the number of sets (being the number of individual lines) hauled in the day (or enter “one”, where latitudes and longitudes are required for each set).

    • (c)

      Catch/effort data, species code/weight column—recording catch: for albacore tuna, bigeye tuna, butterfly tuna, northern bluefin tuna, Pacific bluefin tuna, southern bluefin tuna, swordfish, and yellowfin tuna, enter the number of fish caught in the box immediately under the box with the species code entered by the person completing the return. When calculating the total catch, add the numbers of these fish to the weights (kg) of other species.

 

  • 6

    Other lining methods: handlining, trolling, and pole and lining

    • (a)

      Time columns: enter the total time spent using these lining methods during the day.

    • (b)

      Column A: enter the maximum number of lines used at any one time during the day.

    • (c)

      Column B: enter the maximum number of hooks and lures on lines being used at any one time during the day.

    • (d)

      Catch/effort data, species code/weight column—recording catch: for albacore tuna, bigeye tuna, butterfly tuna, northern bluefin tuna, Pacific bluefin tuna, southern bluefin tuna, swordfish, and yellowfin tuna, enter the number of fish caught in the box immediately under the box with the species code entered by the person completing the return. When calculating the total catch, add the numbers of these fish to the weights (kg) of other species.

 

  • 7

    Potting, trapping, and fyke netting

    • (a)

      Column A: enter the total number of pot or trap lifts in the day. Pots or traps lifted more than once should be counted as separate pots or traps each time they are lifted.

    • (b)

      Column B: enter the total number of pots or traps in the water at midnight at the start of the day.

 

  • 8

    Handgathering and diving

    • (a)

      Time columns: enter the total gathering or diving time, being the sum of time spent by the permit holder and any person employed by the permit holder during the day.

    • (b)

      Column A: enter the total number of persons (including the permit holder if appropriate) gathering or diving on behalf of the permit holder during the day.

Schedule 2 form 1 notes B Catch data: inserted, on 14 January 2005, by regulation 6(1) of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Schedule 2 form 1 note 5(c): added, on 14 January 2005, by regulation 6(2) of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Schedule 2 form 1 note 6(d): added, on 14 January 2005, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Form 2 Catch landing return

Catch landing return

Form 3 Monthly harvest return

Monthly harvest return

Form 4 Monthly harvest return amendment

Monthly harvest return amendment

Form 5 Trawl, catch, effort and processing return

Trawl, catch, effort and processing return

Schedule 2 form 5: substituted, on 1 October 2008, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Form 5A Lining catch, effort return

Lining catch, effort return

Schedule 2 form 5A: substituted, on 1 October 2008, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Form 5B Netting catch effort landing return

Nettng catch effort landing return part 1
Nettng catch effort landing return part 2

Schedule 2 form 5B: inserted, on 1 October 2006, by regulation 13 of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Form 5C Lining trip catch effort return

Lining trip catch effort return

Schedule 2 form 5C: inserted, on 1 October 2007, by regulation 12 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Form 5D Trawl catch effort return

Trawl catch effort return

Schedule 2 form 5D: inserted, on 1 October 2007, by regulation 12 of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Form 6 Squid jigging catch effort return

Squid jigging catch effort return

Schedule 2 form 6: substituted, on 1 October 2008, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Form 7 Tuna longlining catch effort return

Tuna longlining catch effort return

Schedule 2 form 7: substituted, on 1 October 2008, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Form 8 Freshwater eel catch effort return

Freshwater eel catch effort return

Form 9 Freshwater eel catch landing return

Freshwater eel catch landing return

Form 10 Paua catch effort landing return

Paua catch effort landing return

Form 11 Licensed fish receiver return amendment

Licensed fish receiver return amendment

Form 12 Licensed fish receiver return

Licensed fish receiver return

Form 13 Non-fish/protected species catch return

Non-fish/protected species catch return

Schedule 2 form 13: added, on 1 October 2008, by regulation 13(2) of the Fisheries (Reporting) Amendment Regulations 2008 (SR 2008/28).

Schedule 3 Codes used in completing returns

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Part 1 Fishstock codes

In this Part,—

(a)

the reference numbers in the second column of table 1 are the area reference numbers set out in the last column of table 2:

(b)

the reference numbers in the third column of table 1 are the area reference numbers set out in the last column of whichever of the other tables applies to the relevant species or class of fish.

Schedule 3 Part 1 paragraph (b): amended, on 1 October 2006, by regulation 14(1) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Table 1

Fishstock codes used in completing returns

Species or class of fishQuota management area reference number set out in table 2Other area reference number set out in any other tableFishstock code to be used (species/area)
Albacore1, 2, 3, 4, 5, 6, 7, 8, 9, 10ALB 1
Alfonsino1, 9BYX 1
2BYX 2
3, 4, 5, 6BYX 3
7BYX 7
8BYX 8
10BYX 10
Anchovy1ANC 1
2ANC 2
3, 5, 6ANC 3
4ANC 4
7ANC 7
8, 9ANC 8
10ANC 10
Barracouta1, 2, 3BAR 1
4BAR 4
5, 6BAR 5
7, 8, 9BAR 7
10BAR 10
Bigeye tuna1, 2, 3, 4, 5, 6, 7, 8, 9, 10BIG 1
Bladder kelp3GKBB3G
3FKBB3F
3BKBB3B
4GKBB4G
4FKBB4F
Blue cod1, 9BCO 1
2BCO 2
3BCO 3
4BCO 4
5, 6BCO 5
7BCO 7
8BCO 8
10BCO 10
Blue (English) mackerel1EMA 1
2EMA 2
3, 4, 5, 6EMA 3
7, 8, 9EMA 7
10EMA 10
Blue moki1, 2, 7, 8, 9MOK 1
3MOK 3
4MOK 4
5, 6MOK 5
10MOK 10
Bluenose1, 9BNS 1
2BNS 2
3, 4, 5, 6BNS 3
7BNS 7
8BNS 8
10BNS 10
Blue shark1, 2, 3, 4, 5, 6, 7, 8, 9, 10BWS 1
Blue warehou1, 9WAR 1
2WAR 2
3, 4, 5, 6WAR 3
7WAR 7
8WAR 8
10WAR 10
Butterfish, greenbone1, 8, 9BUT 1
2BUT 2
3BUT 3
4BUT 4
5BUT 5
6BUT 6
7BUT 7
10BUT 10
Cockle1ACOC 1A
1BCOC 1B
1CCOC 1C
2COC 2
3COC 3
3BCOC 3B
4COC 4
5, 6COC 5
7ACOC 7A
7BCOC 7B
7CCOC 7C
8COC 8
9COC 9
Deepwater clam1PZL 1
2PZL 2
3PZL 3
4PZL 4
5, 6PZL 5
7PZL 7
8PZL 8
9PZL 9
Dredge oysters:
—except Foveaux Strait dredge oysters
1OYS 1
2AOYS 2A
3OYS 3
4OYS 4
5AOYS 5A
7OYS 7
7AOYS 7A
7BOYS 7B
7COYS 7C
8AOYS 8A
9OYS 9
—Foveaux Strait dredge oysters5OYU 5
Elephant fish1, 9ELE 1
2, 8ELE 2
3, 4ELE 3
5, 6ELE 5
7ELE 7
10ELE 10
Flatfish (includes black flounder, brill, greenback flounder, lemon sole, NZ sole, sand flounder, turbot, and yellowbelly flounder)1, 9FLA 1
2, 8FLA 2
3, 4, 5, 6FLA 3
7FLA 7
10FLA 10
Garfish1GAR 1
2GAR 2
3, 5, 6GAR 3
4GAR 4
7GAR 7
8, 9GAR 8
10GAR 10
Gemfish1, 9SKI 1
2SKI 2
3, 4, 5, 6SKI 3
7, 8SKI 7
10SKI 10
Ghost shark, pale1, 2, 3, 4, 10GSP 1
5, 6GSP 5
7, 8, 9GSP 7
Giant spider crab1, 2, 7, 8, 9GSC 1
3, 4GSC 3
5GSC 5
6AGSC 6A
6BGSC 6B
10GSC 10
Grey mullet1, 9GMU 1
2, 8GMU 2
3, 4, 5, 6GMU 3
7GMU 7
10GMU 10
Red gurnard1, 9GUR 1
2GUR 2
3, 4, 5, 6GUR 3
7GUR 7
8GUR 8
10GUR 10
Hake1, 2, 3, 5, 6, 8, 9HAK 1
4HAK 4
7HAK 7
10HAK 10
Hapuku and bass1, 9HPB 1
2HPB 2
3HPB 3
4HPB 4
5, 6HPB 5
7HPB 7
8HPB 8
10HPB 10
Hoki1, 2, 3, 4, 5, 6, 7, 8, 9HOK 1
10HOK 10
Horse mussel1HOR 1
2HOR 2
3HOR 3
4HOR 4
5HOR 5
6HOR 6
7HOR 7
8HOR 8
9HOR 9
10HOR 10
Jack mackerel11JMA 1
3JMA 3
7JMA 7
10JMA 10
John dory1, 9JDO 1
2, 8JDO 2
3, 4, 5, 6JDO 3
7JDO 7
10JDO 10
Kahawai1KAH 1
2KAH 2
3, 5, 6, 7KAH 3
4KAH 4
8, 9KAH 8
10KAH I0
King crab1KIC 1
2KIC 2
3KIC 3
4KIC 4
5KIC 5
6KIC 6
7KIC 7
8KIC 8
9KIC 9
10KIC 10
Kingfish1KIN 1
2KIN 2
3, 5, 6KIN 3
4KIN 4
7KIN 7
8, 9KIN 8
10KIN 10
Knobbed whelk1KWH 1
2KWH 2
3KWH 3
4KWH 4
5KWH 5
6KWH 6
7AKWH 7A
7BKWH 7B
8KWH 8
9KWH 9
Leatherjacket1, 9LEA 1
2, 7, 8LEA 2
3, 5, 6LEA 3
4LEA 4
10LEA 10
Ling1, 9LIN 1
2LIN 2
3LIN 3
4LIN 4
5LIN 5
6LIN 6
7, 8LIN 7
10LIN 10
Lookdown dory1, 2, 7, 8, 9LDO 1
3, 4, 5, 6LDO 3
10LDO 10
Mako shark1, 2, 3, 4, 5, 6, 7, 8, 9, 10MAK 1
Moonfish1, 2, 3, 4, 5, 6, 7, 8, 9, 10MOO 1
Orange roughy1, 8, 9ORH 1
2AORH 2A
2BORH 2B
3AORH 3A
3B, 4, 5A, 6ORH 3B
7AORH 7A
7BORH 7B
10ORH 10
Pacific bluefin tuna1, 2, 3, 4, 5, 6, 7, 8, 9, 10TOR 1
Paddle crab1PAD 1
2PAD 2
3PAD 3
4PAD 4
5PAD 5
6PAD 6
7PAD 7
8PAD 8
9PAD 9
10PAD 10
Parore1PAR 1
2, 3, 4, 5, 6, 7, 8PAR 2
9PAR 9
10PAR 10
Patagonian toothfish1, 2, 3, 4, 5, 6, 7, 8, 9, 10PTO1
Paua21PAU 1
2PAU 2
3PAU 3
4PAU 4
5APAU 5A
5BPAU 5B
5DPAU 5D
6PAU 6
6APAU 6A
7PAU 7
10PAU 10
Pilchard1PIL 1
2PIL 2
3, 5, 6PIL 3
4PIL 4
7PIL 7
8, 9PIL 8
10PIL 10
Pipi1APPI 1A
1BPPI 1B
1BPPI 1C
2PPI 2
3PPI 3
4PPI 4
5, 6PPI 5
7PPI 7
8PPI 8
9PPI 9
Porae1POR 1
2, 8, 9POR 2
3, 4, 5, 6, 7POR 3
10POR 10
Porbeagle shark1, 2, 3, 4, 5, 6, 7, 8, 9, 10POS 1
Prawn killer1PRK 1
2PRK 2
3PRK 3
4APRK 4A
5PRK 5
6APRK 6A
6BPRK 6B
7PRK 7
8PRK 8
9PRK 9
10PRK 10
Queen scallop3, 5QSC 3
Ray’s bream1, 2, 3, 4, 5, 6, 7, 8, 9, 10RBM 1
Redbait1, 2RBT 1
3, 4, 5, 6RBT 3
7, 8, 9RBT 7
10RBT 10
Red cod1, 9RCO 1
2, 8RCO 2
3, 4, 5, 6RCO 3
7RCO 7
10RCO 10
Red crab1CHC 1
2CHC 2
3CHC 3
4CHC 4
5CHC 5
6CHC 6
7CHC 7
8CHC 8
9CHC 9
10CHC 10
Red snapper1RSN 1
2, 3, 4, 5, 6, 7, 8, 9RSN 2
10RSN 10
Rig1, 9SPO 1
2SPO 2
3, 4, 5, 6SPO 3
7SPO 7
8SPO 8
10SPO 10
Rock lobster:
—Spiny (red)31CRA 1
2CRA 2
3CRA 3
4CRA 4
5CRA 5
6CRA 6
7CRA 7
8CRA 8
9CRA 9
10CRA 10
—Packhorse1, 2, 3, 4, 5, 6, 7, 8, 9, 10PHC 1
Rough skate1, 2RSK 1
3, 4, 5, 6RSK 3
7RSK 7
8, 9RSK 8
10RSK 10
Scallop1SCA 1
CSSCA CS
1ASCA 1A
2ASCA 2A
3SCA 3
4SCA 4
5, 6SCA 5
7SCA 7
7ASCA 7A
7BSCA 7B
7CSCA 7C
8ASCA 8A
9ASCA 9A
Scampi1SCI 1
2SCI 2
3SCI 3
4ASCI 4A
5SCI 5
6ASCI 6A
6BSCI 6B
7SCI 7
8SCI 8
9SCI 9
10SCI 10
School shark1, 9SCH 1
2SCH 2
3SCH 3
4SCH 4
5, 6SCH 5
7SCH 7
8SCH 8
10SCH 10
Sea cucumber1ASCC 1A
1BSCC 1B
2ASCC 2A
2BSCC 2B
3SCC 3
4SCC 4
5ASCC 5A
5BSCC 5B
6SCC 6
7ASCC 7A
7BSCC 7B
7DSCC 7D
8SCC 8
9SCC 9
10SCC 10
Sea urchin, kina, sea egg1ASUR 1A
1BSUR 1B
2ASUR 2A
2BSUR 2B
3SUR 3
4SUR 4
5SUR 5
7ASUR 7A
7BSUR 7B
8SUR 8
9SUR 9
10SUR 10
Silver warehou1, 2, 7, 8, 9SWA 1
3SWA 3
4, 5, 6SWA 4
10SWA 10
Skipjack1, 2, 3, 4, 5, 6, 7, 8, 9, 10SKJ 1
Slender tuna1, 2, 3, 4, 5, 6, 7, 8, 9, 10STU 1
Smooth skate1, 2SSK 1
3, 4, 5, 6SSK 3
7SSK 7
8, 9SSK 8
10SSK 10
Snapper1SNA 1
2SNA 2
3, 4, 5, 6,SNA 3
7SNA 7
8, 9SNA 8
10SNA 10
Southern bluefin tuna1, 2, 3, 4, 5, 6, 7, 8, 9, 10, the high seas, and any other waters outside New Zealand fisheries watersSTN 1
Southern blue whiting1SBW 1
6ASBW 6A
6BSBW 6B
6ISBW 6I
6RSBW 6R
Spiny dogfish1, 2SPD 1
3SPD 3
4SPD 4
5, 6SPD 5
7SPD 7
8, 9SPD 8
10SPD 10
Sprat1, 2, 8, 9SPR 1
3, 5, 6SPR 3
4SPR 4
7SPR 7
10SPR 10
Squid41JSQU 1J
1TSQU 1T
6TSQU 6T
10TSQU 10T
Stargazer1, 9STA 1
2STA 2
3STA 3
4STA 4
5, 6STA 5
7STA 7
8STA 8
10STA 10
Surf clam—deepwater tuatua1PDO 1
2PDO 2
3PDO 3
4PDO 4
5PDO 5
7PDO 7
8PDO 8
9PDO 9
Surf clam—frilled venus shell1BYA 1
2BYA 2
3BYA 3
4BYA 4
5BYA 5
7BYA 7
8BYA 8
9BYA 9
Surf clam—large trough shell1MMI 1
2MMI 2
3MMI 3
4MMI 4
5MMI 5
7MMI 7
8MMI 8
9MMI 9
Surf clam—ringed dosinia1DAN 1
2DAN 2
3DAN 3
4DAN 4
5DAN 5
7DAN 7
8DAN 8
9DAN 9
Surf clam—silky dosinia1DSU 1
2DSU 2
3DSU 3
4DSU 4
5DSU 5
7DSU 7
8DSU 8
9DSU 9
Surf clam—triangle shell1SAE 1
2SAE 2
3SAE 3
4SAE 4
5SAE 5
7SAE 7
8SAE 8
9SAE 9
Surf clam—trough shell1MDI 1
2MDI 2
3MDI 3
4MDI 4
5MDI 5
7MDI 7
8MDI 8
9MDI 9
Swordfish1, 2, 3, 4, 5, 6, 7, 8, 9, 10SWO 1
Tarakahi1, 9TAR 1
2TAR 2
3TAR 3
4TAR 4
5, 6TAR 5
7TAR 7
8TAR 8
10TAR 10
Trevally1TRE 1
2TRE 2
3, 4, 5, 6TRE 3
7, 8, 9TRE 7
10TRE 10
Tuatua1ATUA 1A
1BTUA 1B
2TUA 2
3TUA 3
4TUA 4
5, 6TUA 5
7TUA 7
8TUA 8
9TUA 9
White warehou1WWA 1
2WWA 2
3WWA 3
4WWA 4
5BWWA 5B
7WWA 7
8WWA 8
9WWA 9
10WWA 10
Yellowfin tuna1, 2, 3, 4, 5, 6, 7, 8, 9, 10YFN 1
All other species or classes of fish not already specified in this table1, 2, 3, 4, 5, 6, 7, 8, 9, 10Code formed by combining the species or class code set out in Part 2 with the relevant quota management area reference number set out in the second column of this item.

Schedule 3 Part 1 table 1 column 3 heading: amended, on 1 October 2006, by regulation 14(2) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Schedule 3 Part 1 table 1 Anchovy: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Bladder kelp: inserted, on 1 October 2010, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2010 (SR 2010/296).

Schedule 3 Part 1 table 1 Blue (English) mackerel: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Blue shark: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Butterfish, greenbone: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Cockle: substituted, on 1 October 2005, by regulation 6(2) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 Deepwater clam: inserted, on 1 October 2006, by regulation 14(3) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Schedule 3 Part 1 table 1 Dredge oysters:—except Foveaux Strait dredge oysters: substituted, on 1 October 2005, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 Garfish: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Giant spider crab: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Horse mussel: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Kahawai: substituted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 King crab: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Kingfish: inserted, on 2 October 2003, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Schedule 3 Part 1 table 1 Knobbed whelk: inserted, on 1 October 2006, by regulation 14(3) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Schedule 3 Part 1 table 1 Leatherjacket: inserted, on 2 October 2003, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Schedule 3 Part 1 table 1 Lookdown dory: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Mako shark: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Moonfish: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Oreo dories: revoked, on 1 October 2005, by regulation 6(4) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 Oreo (includes black, smooth, spiky, and warty oreos): revoked, on 1 April 2007, by regulation 5(1) of the Fisheries (Reporting) Amendment Regulations 2007 (SR 2007/34).

Schedule 3 Part 1 table 1 Pacific bluefin tuna: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Paddle crab: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Parore: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Patagonian toothfish: inserted, on 1 October 2010, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2010 (SR 2010/296).

Schedule 3 Part 1 table 1 Pilchard: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Pipi: substituted, on 1 October 2005, by regulation 6(5) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 Porae: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Porbeagle shark: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Prawn killer: inserted, on 1 October 2007, by regulation 13(1) of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Schedule 3 Part 1 table 1 Queen scallop: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Ray’s bream: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Redbait: inserted, on 1 October 2009, by regulation 8 of the Fisheries (Reporting) Amendment Regulations (No 2) 2009 (SR 2009/247).

Schedule 3 Part 1 table 1 Red crab: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Red snapper: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Rough skate: inserted, on 2 October 2003, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Schedule 3 Part 1 table 1 Scallop: substituted, on 1 October 2005, by regulation 6(6) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 Scampi: substituted, on 14 January 2005, by regulation 7 of the Fisheries (Reporting) Amendment Regulations (No 4) 2004 (SR 2004/438).

Schedule 3 Part 1 table 1 Sea cucumber: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Sea urchin, kina, sea egg: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Sea urchin, kina, sea egg: amended, on 2 October 2003, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Schedule 3 Part 1 table 1 Smooth skate: inserted, on 2 October 2003, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Schedule 3 Part 1 table 1 Southern bluefin tuna: substituted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Spiny dogfish: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Sprat: inserted, on 1 October 2002, by regulation 3(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2002 (SR 2002/272).

Schedule 3 Part 1 table 1 Surf clam—deepwater tuatua: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—frilled venus shell: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—large trough shell: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—ringed dosinia: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—silky dosinia: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—triangle shell: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Surf clam—trough shell: inserted, on 1 April 2004, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Schedule 3 Part 1 table 1 Swordfish: inserted, on 1 October 2004, by regulation 6(3) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 1 Tuatua : inserted, on 1 October 2005, by regulation 6(7) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 1 White warehou: inserted, on 1 October 2007, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations (No 3) 2007 (SR 2007/176).

Table 2

Quota management area reference numbers for purposes of table 1

Notes:
  • 1

    Except as provided in note 2 of this table, the quota management areas referred to are the quota management areas described in Schedule 1 of the Act.

  • 2

    In this table,—

Schedule 3 Part 1 table 2 note 1: amended, on 1 October 2005, by regulation 7(1) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 2 note 2 Auckland Islands: revoked, on 1 October 2004, by regulation 6(4) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 2 note 2 Part-Southland: revoked, on 1 October 2005, by regulation 7(3) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 2 note 2 Part Sub-Antarctic: revoked, on 1 October 2004, by regulation 6(4) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Quota management area nameArea reference number used in fishstock code
Auckland (East)1
Central (East)2
Central (Gisborne)2A
Central (Wairarapa)2B
South-East (Coast)3
Central/Challenger/South-East (Cook Strait/Kaikoura)3A
South-East (Strathallan)3B
South-East (Chatham Rise)4
Southland5
South-East (Otago/Southland)5A
Sub-Antarctic6
Challenger/Central (Plateau)7
Challenger (North)7A
Challenger (South)7B
Central (Egmont)8
Auckland (West)9
Kermadec10

Schedule 3 Part 1 table 2 Auckland Islands: revoked, on 1 October 2004, by regulation 6(4) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 2 Part-Southland: revoked, on 1 October 2005, by regulation 7(2) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Schedule 3 Part 1 table 2 Part Sub-Antarctic: revoked, on 1 October 2004, by regulation 6(4) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Table 3

Jack mackerel area reference numbers for purposes of table 1

 

The quota management areas referred to by name in this table are the quota management areas defined in—

  • (a)

    clause 3 of the Fisheries (Jack Mackerel Quota Management Area, Total Allowable Catches, and Catch Histories) Notice 1987; and

  • (b)

    clause 2 of the Fisheries (Jack Mackerel Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice (No 2) 1987.

Quota management area nameArea reference number used in fishstock code
Auckland (East), Central (East) Area1
South-East, Southland, Sub-Antarctic Area3
Challenger, Central (Egmont), Auckland (West) Area7
Kermadec10

Table 4

Kahawai area reference numbers for purposes of table 1

[Revoked]

Schedule 3 Part 1 table 4: revoked, on 1 October 2004, by regulation 6(5) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Table 5

Paua area reference numbers for purposes of table 1

 

The quota management areas referred to by name and reference number in this table are the quota management areas described in Schedule 2 of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986.

Quota management area nameReference numberArea reference number used in fishstock code
AucklandPAU 11
CentralPAU 22
South-East (Kaikoura Coast)PAU 33
South-East (Chatham Rise)PAU 44
FiordlandPAU 5A5A
Stewart IslandPAU 5B5B
Southland and OtagoPAU 5D5D
Challenger (Westland)PAU 66
Sub-AntarcticPAU 66A
Challenger (Nelson/Marlborough)PAU 77
KermadecPAU 1010

Table 6

Spiny (red) rock lobster area reference numbers for purposes of table 1

 

The quota management areas referred to by name and reference number in this table are the quota management areas described in Part 3 of Schedule 1 of the Fisheries Act 1996 for spiny rock lobsters.

Quota management area nameReference numberArea reference number used in fishstock code
Northland11
Bay of Plenty22
Gisborne33
Wellington/Hawkes Bay44
Canterbury/Marlborough55
Chatham Islands66
Otago77
Southern88
Westland/Taranaki99
Kermadec1010

Table 7

Squid area reference numbers for purposes of table 1

The quota management areas and methods of taking squid referred to in this table are the quota management areas and methods specified in the Fisheries (Squid Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1987.

Quota management area nameMethod of fishingArea reference number used in fishstock code
All New Zealand fisheries waters except the Southern Islands Area and the Kermadec AreaAll methods1T
All New Zealand fisheries waters except the Southern Islands Area and the Kermadec AreaJigging1J
Southern IslandsAll methods6T
KermadecAll methods10T

Table 8

Scallop reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Coromandel scallop fishery, in regulation 2 of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Northland scallop fishery and the Southern scallop fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for scallops:

(c)

in the case of the Chatham Island scallop fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(d)

in all other cases Schedule 5 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Eastern Bay of Plenty1A
Northland scallop fishery1
Coromandel scallop fisheryCS
Part Central (East)2A
South-East and part Chatham Rise3
Chatham Islands scallop fishery4
Southern scallop fishery7
West Coast7A
North and West of Farewell Spit7B
Clarence Point to West Head, Tory Channel7C
Part Central (Egmont)8A
Part Auckland (West)9A

Schedule 3 Part 1 table 8: substituted, on 1 October 2005, by regulation 8(1) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Table 9

Oyster reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Foveaux Strait dredge oyster fishery, in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Nelson/Marlborough dredge oyster fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for dredge oysters:

(c)

in all other cases, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Part Central (East)2A
Foveaux Strait dredge oyster fishery5
Non-Foveaux Strait Southland5A
Nelson/Marlborough dredge oyster fishery7
West Coast7A
North and West of Farewell Spit7B
Clarence Point to West Head, Tory Channel7C
Part Central (Egmont)8A

Schedule 3 Part 1 table 9: substituted, on 1 October 2005, by regulation 8(2) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Table 10

Southern blue whiting reference numbers for purposes of table 1

 

The quota management areas referred to by name and reference number in this table are the quota management areas described in Part 3 of Schedule 1 of the Fisheries Act 1996.

Quota management area nameReference numberArea reference number used in fishstock code
New Zealand (excluding Sub-Antarctic)SBW11
Auckland IslandsSBW6A6A
Bounty PlatformSBW6B6B
Campbell Island RiseSBW6I6I
Pukaki RiseSBW6R6R

Table 11

Fishstock codes for freshwater eels

Notes:
  • 1

    Different codes must be used on different reporting forms.

  • 2

    In this table,—

    CELR means the catch, effort, and landing returns required to be in form 1 of Schedule 2:

    CLR means the catch landing returns required to be in form 2 of Schedule 2

    ECLR means the freshwater eel catch landing returns required to be in form 9 of Schedule 2

    MHR means the monthly harvest returns required to be in form 3 of Schedule 2.

  • 3

    In this table, the quota management areas are those defined in—

    • (a)

      Part 3 of Schedule 1 of the Fisheries Act 1996:

    • (b)

      Schedule 1 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2002:

    • (c)

      Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.

Species of eelQuota management area nameQuota management areaFishstock code for use in CELR, CLR, and ECLRFishstock code for use in MHR
Long-finned freshwater eelNelson/MarlboroughLFE11LFE11LFE11
North CanterburyLFE12LFE12LFE12
Lake EllesmereANG13LFE13ANG13
South Canterbury/WaitakiLFE14LFE14LFE14
Otago/SouthlandLFE15LFE15LFE15
West CoastLFE16LFE16LFE16
South-East (Chatham Rise)LFE17LFE17LFE17
Northland/AucklandLFE20LFE20LFE20
Waikato/Poverty BayLFE21LFE21LFE21
Hawke Bay/WellingtonLFE22LFE22LFE22
Taranaki/RangitikeiLFE23LFE23LFE23
Short-finned freshwater eelNelson/MarlboroughSFE11SFE11SFE11
North CanterburySFE12SFE12SFE12
Lake EllesmereANG13SFE13ANG13
South Canterbury/WaitakiSFE14SFE14SFE14
Otago/SouthlandSFE15SFE15SFE15
West CoastSFE16SFE16SFE16
South-East (Chatham Rise)SFE17SFE17SFE17
Northland/AucklandSFE20SFE20SFE20
Waikato/Poverty BaySFE21SFE21SFE21
Hawke Bay/WellingtonSFE22SFE22SFE22
Taranaki/RangitikeiSFE23SFE23SFE23

Schedule 3 Part 1 table 11: substituted, on 1 October 2004, by regulation 6(6) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 11: amended, on 1 October 2016, by regulation 4(1) of the Fisheries (Reporting) Amendment Regulations 2016 (LI 2016/146).

Schedule 3 Part 1 table 11: amended, on 1 October 2016, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2016 (LI 2016/146).

Schedule 3 Part 1 table 11: amended, on 1 October 2016, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2016 (LI 2016/146).

Schedule 3 Part 1 table 11: amended, on 1 October 2016, by regulation 4(4) of the Fisheries (Reporting) Amendment Regulations 2016 (LI 2016/146).

Table 12

Cockle reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Whangarei Harbour cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(b)

in the case of the Nelson Bays cockle fishery and the Marlborough cockle fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(c)

in the case of the Otago cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(d)

in all other cases, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Whangarei Harbour cockle fishery1A
East Northland1B
Hauraki Gulf and Bay of Plenty1C
Otago3
Part South East (Coast)3B
Nelson Bays cockle fishery7A
Marlborough cockle fishery7B
Part Challenger7C

Schedule 3 Part 1 table 12: substituted, on 1 October 2005, by regulation 8(3) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Table 13

Sea urchin, kina, and sea egg reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Challenger (Westland) fishery and the Challenger (Nelson/Marlborough) fishery, in Schedule 5 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001; and

(b)

in the case of East Northland fishery, Hauraki and Bay of Plenty fishery, East Coast fishery, and the Wairarapa and Wellington fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2002.

Area nameArea reference number used in fishstock code
East Northland1A
Hauraki and Bay of Plenty1B
East Coast2A
Wairarapa and Wellington2B
Challenger (Nelson/Marlborough)7A
Challenger (Westland)7B

Schedule 3 Part 1 table 13: substituted, on 2 October 2003, by regulation 4(6) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Table 14

Giant spider crab reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2003.

Area nameArea reference number used in fishstock code
Southern Islands6A
Sub-Antarctic6B

Schedule 3 Part 1 table 14: added, on 1 April 2004, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Table 15

Sea cucumber reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to the Quota Management System) Notice 2003.

Area nameArea reference number used in fishstock code
East Northland1A
Hauraki Gulf and Bay of Plenty1B
East Coast and Gisborne2A
Wairarapa and Wellington2B
Fiordland5A
Southland and Stewart Island5B
Challenger (Marlborough Sounds)7A
Challenger (Nelson)7B
Challenger (Westland)7D

Schedule 3 Part 1 table 15: added, on 1 April 2004, by regulation 4(3) of the Fisheries (Reporting) Amendment Regulations 2004 (SR 2004/71).

Table 16

Scampi reference numbers for the purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 13 of the Fisheries Act 1996.

Area nameArea reference number used in fishstock code
South-East Coast and Western Chatham Islands combined3
Chatham Islands East4A
Auckland Islands6A
Part Sub-Antarctic6B

Schedule 3 Part 1 table 16: added, on 1 October 2004, by regulation 6(7) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Table 17

Fishstock codes for green-lipped mussel and green-lipped mussel spat

Notes:
  • 1

    Different codes must be used on different reporting forms.

  • 2

    In this table,—

    CELR means the catch, effort, and landing returns required to be in form 1 of Schedule 2:

    CLR means the catch landing returns required to be in form 2 of Schedule 2:

    MHR means the monthly harvest returns required to be in form 3 of Schedule 2.

  • 3

    In this table, the quota management areas are those defined in—

    • (a)

      Part 1 of Schedule 1 of the Fisheries Act 1996:

    • (b)

      Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.

  • 4

    The fishstock code MSP is to be used only for those green-lipped mussel stocks for which a ratio has been set under section 188A of the Fisheries Act 1996.

SpeciesQuota management area nameQuota management areaFishstock code for use in CELR and CLRFishstock code for use in MHR
Green-lipped musselAuckland (East)GLM1MSG1GLM1
Central (East)GLM2MSG2GLM2
South-East (Coast), South-East (Chatham Rise), Southland, Sub-AntarcticGLM3MSG3GLM3
Nelson/ MarlboroughGLM7AMSG7AGLM7A
West CoastGLM7BMSG7BGLM7B
Central (Egmont)GLM8MSG8GLM8
Auckland (West)GLM9MSG9GLM9
KermadecGLM10MSG10GLM10
Green-lipped mussel (spat)Auckland (East)GLM1MSP1GLM1
Central (East)GLM2MSP2GLM2
South-East (Coast), South-East (Chatham Rise), Southland, Sub-AntarcticGLM3MSP3GLM3
Nelson/ MarlboroughGLM7AMSP7AGLM7A
West CoastGLM7BMSP7BGLM7B
Central (Egmont)GLM8MSP8GLM8
Auckland (West)GLM9MSP9GLM9
KermadecGLM10MSP10GLM10

Schedule 3 Part 1 table 17: added, on 1 October 2004, by regulation 6(7) of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 (SR 2004/277).

Schedule 3 Part 1 table 17 note 4: added, on 1 October 2004, by regulation 5 of the Fisheries (Reporting) Amendment Regulations (No 3) 2004 (SR 2004/328).

Table 18

Pipi reference numbers for the purposes of table 1

 

The areas referred to by name in this table are the quota management areas defined,—

(a)

in the case of the Whangarei Harbour pipi fishery, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003:

(b)

in all other cases, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Whangarei Harbour pipi fishery1A
East Northland1B
Hauraki Gulf and Bay of Plenty1C

Schedule 3 Part 1 table 18: substituted, on 1 October 2005, by regulation 8(4) of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Table 19

Tuatua reference numbers for the purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 6 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
East Northland1A
Hauraki Gulf and Bay of Plenty1B

Schedule 3 Part 1 table 19: added, on 1 October 2005, by regulation 9 of the Fisheries (Reporting) Amendment Regulations 2005 (SR 2005/188).

Table 20

Knobbed whelk reference numbers for purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2005.

Area nameArea reference number used in fishstock code
Nelson/Marlborough7A
West Coast7B

Schedule 3 Part 1 table 20: added, on 1 October 2006, by regulation 14(4) of the Fisheries (Reporting) Amendment Regulations 2006 (SR 2006/240).

Table 21

Fishstock codes for oreos (including black, smooth, spiky, and warty oreos)

Notes:
  • 1

    Different codes must be used on different returns.

  • 2

    In this table, MHR means the monthly harvest returns required to be in form 3 of Schedule 2.

  • 3

    In this table, the quota management areas are the areas defined in Schedule 1 of the Fisheries Act 1996.

SpeciesQuota management area nameQuota management areaFishstock code for use in returns other than MHRFishstock code for use in MHR
Black oreoAuckland (East), Central (Gisborne), Central (Wairarapa), South-East (Otago/Southland), Challenger (North), Challenger (South), Central (Egmont), Auckland (West)OEO 1BOE 1OEO 1
Central/Challenger/South-East (Cook Strait/Kaikoura), South-East (Strathallan)OEO 3ABOE 3AOEO 3A
South-East (Chatham Rise)OEO 4BOE 4OEO 4
Sub-AntarcticOEO 6BOE 6OEO 6
KermadecOEO 10BOE 10OEO 10
Smooth oreoAuckland (East), Central (Gisborne), Central (Wairarapa), South-East (Otago/Southland), Challenger (North), Challenger (South), Central (Egmont), Auckland (West)OEO 1SSO 1OEO 1
Central/Challenger/South-East (Cook Strait/Kaikoura), South-East (Strathallan)OEO 3ASSO 3AOEO 3A
South-East (Chatham Rise)OEO 4SSO 4OEO 4
Sub-AntarcticOEO 6SSO 6OEO 6
KermadecOEO 10SSO 10OEO 10
Spiky oreoAuckland (East), Central (Gisborne), Central (Wairarapa), South-East (Otago/Southland), Challenger (North), Challenger (South), Central (Egmont), Auckland (West)OEO 1SOR 1OEO 1
Central/Challenger/South-East (Cook Strait/Kaikoura), South-East (Strathallan)OEO 3ASOR 3AOEO 3A
South-East (Chatham Rise)OEO 4SOR 4OEO 4
Sub-AntarcticOEO 6SOR 6OEO 6
KermadecOEO 10SOR 10OEO 10
Warty oreoAuckland (East), Central (Gisborne), Central (Wairarapa), South-East (Otago/Southland), Challenger (North), Challenger (South), Central (Egmont), Auckland (West)OEO 1WOE 1OEO 1
Central/Challenger/South-East (Cook Strait/Kaikoura), South-East (Strathallan)OEO 3AWOE 3AOEO 3A
South-East (Chatham Rise)OEO 4WOE 4OEO 4
Sub-AntarcticOEO 6WOE 6OEO 6
KermadecOEO 10WOE 10OEO 10

Schedule 3 Part 1 table 21: added, on 1 April 2007, by regulation 5(2) of the Fisheries (Reporting) Amendment Regulations 2007 (SR 2007/34).

Table 22

White warehou reference number for purposes of table 1

 

The area referred to by name in this table is the quota management area defined in Part 3 of Schedule 1 of the Fisheries Act 1996 for white warehou.

Area nameArea reference number used in fishstock code
Southland/Sub-Antarctic5B

Schedule 3 Part 1 table 22: added, on 1 October 2007, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations (No 3) 2007 (SR 2007/176).

Table 23

Prawn killer reference numbers for the purposes of table 1

 

The areas referred to by name in this table are the quota management areas described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2006.

Area nameArea reference number used in fishstock code
South East Coast and Western Chatham Islands combined3
Chatham Islands East4A
Auckland Islands6A
Part Sub-Antarctic6B

Schedule 3 Part 1 table 23: added, on 1 October 2007, by regulation 13(2) of the Fisheries (Reporting) Amendment Regulations (No 4) 2007 (SR 2007/247).

Table 24

Bladder kelp reference numbers for purposes of table 1

Quota management area nameQuota management areaPhysical conditionFishstock code to be used
South-East (Coast)3Attached3G
Free-floating3F
Beach-cast3B
South-East (Chatham Rise)4Attached4G
Free-floating4F

Schedule 3 Part 1 table 24: added, on 1 October 2010, by regulation 4(2) of the Fisheries (Reporting) Amendment Regulations 2010 (SR 2010/296).

Part 2 Species codes

Schedule 3 Part 2: substituted, on 2 October 2003, by regulation 4(7) of the Fisheries (Reporting) Amendment Regulations (No 2) 2003 (SR 2003/221).

Common nameSpecies codeScientific name
Agar weedPTEPterocladia lucida, P. capillacea
Albacore tunaALBThunnus alalunga
AlfonsinoBYXBeryx splendens, B. decadactylus
Alpine galaxiasALGGalaxias paucispondylus
AnchovyANCEngraulis australis
Arrow squidSQUNototodarus gouldi, N. sloanii
Atlantic salmonATSSalmo salar
Banded bellowsfishBBECentriscops humerosus
Banded kokopuBKOGalaxias fasciatus
Banded wrasseBPFNotolabrus fucicola
BarracoutaBARThyrsites atun
BarracudinaBCAMagnisudis prionosa
Basketwork eelBEEDiastobranchus capensis
Basking sharkBSKCetorhinus maximus
BellowsfishBELCentriscops spp.
Bigeye tunaBIGThunnus obesus
Big-scale pomfretBSPTaractichthys longipinnis
Black codBCDParanotothenia magellanica
Black marlinBKMMakaira indica
Black mudfishBCMNeochanna diversus
Bladder kelpKBBMacrocystis pyrifera
Blue codBCOParapercis colias
Blue (English) mackerelEMAScomber australasicus
Blue maomaoBMAScorpis violacea
Blue marlinBEMMakaira mazara
Blue mokiMOKLatridopsis ciliaris
Blue sharkBWSPrionace glauca
Bluegill bullyBGBGobiomorphus hubbsi
BluenoseBNSHyperoglyphe antarctica
Broad squidBSQSepioteuthis australis
Broadnose sevengill sharkSEVNotorynchus cepedianus
Bronze whaler sharkBWHCarcharhinus brachyurus
Brook charBKCSalvelinus fontinalis
Brown bullhead catfishCATAmeiurus nebulosus
Brown mudfishBNMNeochanna apoda
Brown stargazerBRZXenocephalus armatus
Brown troutBTRSalmo trutta
Bull kelpKBLDurvillea spp.
BullyBULEleotridae (Family)
Burgundy mudfish (Northland mudfish)NLMNeochanna heleios
Butterfish, greenboneBUTOdax pullus
Butterfly tunaBTUGasterochisma melampus
Cancer crabCACCancer novaezelandiae
Canterbury galaxiasCNGGalaxias vulgaris
Canterbury mudfishCBMNeochanna burrowsius
Cardinal fishCDLEpigonus telescopus
Cardinal fish, whiteEPDEpigonus denticulatus
Cardinal fish, bigeyeEPLEpigonus lenimen
Cardinal fish, robustEPREpigonus robustus
Carpet sharkCARCephaloscyllium isabellum
CockleCOCAustrovenus stutchburyi
Common (blue) warehouWARSeriolella brama
Common bullyGCOGobiomorphus cotidianus
Common roughyRHYParatrachichthys trailli
Common smeltSMERetropinna retropinna
Conger eelCONConger spp.
Cooks turban shellCTUCookia sulcata
Copper mokiCMOLatridopsis forsteri
Cran’s bullyCBUGobiomorphus basalis
DealfishDEATrachipterus trachypterus
Deepsea flatheadFHDHoplichthys haswelli
Deepwater clamPZLPanopea zelandica
DolphinfishDOFCoryphaena hippurus
Dune lakes galaxiasDFIGalaxias gracilis
Dwarf galaxiasDFGGalaxias divergens
Eagle rayEGRMyliobatis tenuicaudatus
EckloniaECKEcklonia radiata
Electric rayERATorpedo fairchildi
Elephant fishELECallorhinchus milii
EmperorEMPLethrinidae (Family)
EscolarLEPLepidocybium flavobrunneum
Estuarine triplefin (Cockabully)GNIGrahamina nigripenne
Estuary stargazerESZLeptoscopus macropygus
Flatfish:
Black flounder*BFLRhombosolea retiaria
Brill*BRIColistium guntheri
Greenback flounder*GFLRhombosolea tapirina
Lemon sole*LSOPelotretis flavilatus
NZ sole*ESOPeltorhamphus novaezeelandiae
Sand flounder*SFLRhombosolea plebeia
Turbot*TURColistium nudipinnis
Yellowbelly flounder*YBFRhombosolea leporina
Flying fishFLYExocoetidae (Family)
Freshwater musselCWECucumerunio websteri
Freshwater musselHMEHyridella menziesii
FrostfishFROLepidopus caudatus
Galaxiid (adult)GLXFamily Galaxiidae (adult)
GarfishGARHyporhamphus ihi
Gemfish, southern kingfishSKIRexea spp.
Ghost sharkGSHHydrolagus novaezealandiae
Ghost shark, paleGSPHydrolagus bemisi
Giant bullyGGOGobiomorphus gobioides
Giant kokopuGKOGalaxias argenteus
Giant spider crabGSCJacquinotia edwardsii
Giant stargazerSTAKathetostoma spp.
GoldfishCAUCarassius auratus
Gracilaria weedGRAGracilaria chilensis
Grass carpGRPCtenopharyngodon idella
Green-lipped musselMSGPerna canaliculus
Green-lipped mussel (spat)***MSPPerna canaliculus
Grey mulletGMUMugil cephalus
Groper:
Bass*BASPolyprion americanus
Hapuku*HAPPolyprion oxygeneios
HagfishHAGEptatretus cirrhatus
HakeHAKMerluccius australis
Hammerhead sharkHHSSphyrna zygaena
HokiHOKMacruronus novaezelandiae
Horse musselHORAtrina zelandica
InangaGMAGalaxias maculatus
Jack mackerelJMATrachurus declivis,
T. novaezelandiae,
T. murphyi
Japanese (spotted) gurnardJGUPterygotrigla picta
JavelinfishJAVLepidorhynchus denticulatus
John DoryJDOZeus faber
KahawaiKAHArripis trutta, A. xylabion
KelpfishKELChironemus marmoratus
King crabKICLithodes murrayi and Neolithodes brodiei
Kingfish (yellowtail)KINSeriola lalandi
Knobbed whelkKWHAustrofusus glans
KoaroKOAGalaxias brevipinnis
KoheruKOHDecapterus koheru
Koi carpKOICyprinus carpio
Koura, northernKPPParanephrops planifrons
Koura, southernKPZParanephrops zealandicus
LampreyLAMGeotria australis
Leafscale gulper sharkCSQCentrophorus squamosus
LeatherjacketLEAParika scaber
LessoniaLESLessonia variegata
LingLINGenypterus blacodes
Long-finned boarfishLFBZanclistius elevatus
Long-finned freshwater eel**LFEAnguilla dieffenbachii
Long-nosed chimaeraLCHHarriotta raleighana
Lookdown doryLDOCyttus traversi
Mako sharkMAKIsurus oxyrinchus
MarblefishGTRAplodactylus arctidens
Mirror doryMDOZenopsis nebulosa
MoonfishMOOLampris guttatus
Moray eelMORMuraenidae (Family)
MunidaMUNMunida gregaria
Northern bastard codBRCPseudophycis breviuscula
Northern bluefin tunaNTUThunnus thynnus
Northern spiny dogfishNSDSqualus mitsukurii
OarfishOARRegalecus glesne
OctopusOCTPinnoctopus cordiformis
OffalOFF
OilfishOFHRuvettus pretiosus
Orange perchOPELepidoperca aurantia
Orange roughyORHHoplostethus atlanticus
Oreo****
Black*BOEAllocyttus niger
Smooth*SSOPseudocyttus maculatus
Spiky*SORNeocyttus rhomboidalis
Warty*WOEAllocyttus verrucosus
Otago roundhead galaxias (Roundhead galaxias)RHGGalaxias anomalus
Oysters, dredge (except Foveaux Strait)OYSOstrea chilensis
Oysters, dredge (Foveaux Strait)OYUOstrea chilensis
Oysters pacificPOYCrassostrea gigas
Pacific bluefin tunaTORThunnus orientalis
Paddle crabPADOvalipes catharus
ParorePARGirella tricuspidata
Patagonian toothfishPTODissostichus eleginoides
PauaPAUHaliotis iris, H. australis
PerchFLUPerca fluviatilis
PigfishPIGCongiopodus leucopaecilus
PilchardPILSardinops sagax
Pink maomaoPMACaprodon longimanus
PipefishPIPSyngnathidae (Family)
PipiPPIPaphies australis
PoraePORNemadactylus douglasii
Porbeagle sharkPOSLamna nasus
Porcupine fishPOPTragulichthys jaculiferus
Prawn killerPRKIbacus alticrenatus
Prickly sharkECOEchinorhinus cookei
Queen scallopQSCZygochlamys delicatula
Quinnat salmon (Chinook salmon)SAMOncorhynchus tshawytscha
Rainbow troutRTROncorhynchus mykiss
RattailsRATMacrouridae (Family)
Ray’s breamRBMBrama brama
Red codRCOPseudophycis bachus
Red crabCHCChaceon bicolor
Red (golden) snapperRSNCentroberyx affinis
Red gurnardGURChelidonichthys kumu
Red mokiRMOCheilodactylus spectabilis
Red scorpion fishRRCScorpaena cardinalis, S. papillosus
RedbaitRBTEmmelichthys nitidus
Redfin bullyRFBGobiomorphus huttoni
RibaldoRIBMora moro
RibbonfishAGRAgrostichthys parkeri
Rig, spotted dogfishSPOMustelus lenticulatus
Rock codROCLotella rhacina
Rock lobster:
Spiny redCRAJasus edwardsii
PackhorsePHCJasus verreauxi
Rosy doryRDOCyttopsis rosea
Rough skateRSKDipturus nasutus
RubyfishRBYPlagiogeneion rubiginosum
RuddRDDScardinius erythrophthalmus
RudderfishRUDCentrolophus niger
Sailfin mollySFMPoecilia latipinna
SailfishSAIIstiophorus platypterus
SaurySAUScomberesox saurus
ScallopSCAPecten novaezelandiae
Scaly gurnardSCGLepidotrigla brachyoptera
ScampiSCIMetanephrops challengeri
Scarlet wrasseSPFPseudolabrus miles
School sharkSCHGaleorhinus galeus
Sea cucumberSCCStichopus mollis
Sea cucumber (other than Stichopus mollis)HTHHolothuroidea (Class)
Sea lettuceULVUlva spp.
Sea perch, Jock StewartSPEHelicolenus spp.
Sea slugSLGScutus breviculus
Sea urchun, kina, sea eggSUREvechinus chloroticus
Seal SharkBSHDalatias licha
SeaweedSEO
Sharks and dogfish not otherwise specifiedOSDSelachii (Order)
Shortbill spearfishSSFTetrapturus angustirostris
Short-finned freshwater eel**SFEAnguilla australis, A. reinhardtii
Short-jawed kokopuSKOGalaxias postvectis
Short-tailed black rayBRADasyatis brevicaudata
Shovelnose dogfishSNDDeania calcea
Silver carpSRPHypophthalmichthys molitrix
Silver dorySDOCyttus novaezealandiae
Silver warehouSWASeriolella punctata
SilversideSSIArgentina elongata
Skipjack tunaSKJKatsuwonus pelamis
Slender smooth-houndSSHGollum attenuatus
Slender tunaSTUAllothunnus fallai
SlickheadSLKAlepocephalidae (Family)
Smooth skateSSKDipturus innominatus
Snake mackerelGSEGempylus serpens
SnapperSNAPagrus auratus
Sockeye salmonSOSOncorhynchus nerka
Southern blue whitingSBWMicromesistius australis
Southern bluefin tunaSTNThunnus maccoyii
Southern boarfishSBOPseudopentaceros richardsoni
SowfishBOAParistiopterus labiosus
Spanish lobsterSLOArctides antipodarum
SpinebackSBKNotacanthus sexspinis
Spiny dogfishSPDSqualus acanthias
SpinyfinSFNDiretmichthys parini
Splendid perchSPPCallanthias allporti
SpongesONGPorifera (Phylum)
Spotted stargazerSPZGenyagnus monopterygius
SpratsSPRSprattus antipodum, S. muelleri
StarfishSFIAsteroidea and Ophiuroidea (Classes)
Stokell’s smeltSTKStokellia anisodon
Striped marlinSTMTetrapturus audax
SunfishSUNMola mola
Surf clam:
Frilled venus shellBYABassina yatei
Ringed dosiniaDANDosinia anus
Silky dosiniaDSUDosinia subrosea
Trough shellMDIMactra discors
Large trough shellMMIMactra murchisoni
Deepwater tuatuaPDOPaphies donacina
Triangle shellSAESpisula aequilatera
Swollenhead congerSCOBassanago bulbiceps
SwordfishSWOXiphias gladius
Taieri flathead galaxias (Flathead galaxias)FHGGalaxias depressiceps
TarakihiTARNemadactylus macropterus; Nemadactylus sp. commonly referred to as “King Tarakihi”
TenchTNCTinca tinca
Thresher sharkTHRAlopias vulpinus
ToadfishTOANeophrynichthys spp.
TorrentfishCHFCheimarrichthys fosteri
TrevallyTREPseudocaranx dentex
TrumpeterTRULatris lineata
TuatuaTUAPaphies subtriangulata
Upland bullyULBGobiomorphus breviceps
Upland longjaw galaxias (Longjaw galaxias)LJGGalaxias prognathus
Violet codVCOAntimora rostrata
WahooWAHAcanthocybium solandri
Warty squidWSQMoroteuthis spp.
WatercressWATNasturtium microphyllum & N.officinale
Whiptail rayWRADasyatis thetidis
White warehouWWASeriolella caerulea
WitchWITArnoglossus scapha
WrassesWSELabridae (Family)
Yellow-eyed mulletYEMAldrichetta forsteri
Yellowfin tunaYFNThunnus albacares