Fisheries (Recordkeeping) Amendment Regulations (No 2) 2001

2001/189

Fisheries (Recordkeeping) Amendment Regulations (No 2) 2001


Note

These regulations are administered in the Ministry of Fisheries.


Pursuant to section 89(1)(ka) of the Fisheries Act 1983 and section 297 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.

1 Title
2 Commencement
  • These regulations come into force on 1 October 2001.

3 Interpretation
  • (1) Regulation 2 of the principal regulations is amended by revoking the definition of the term The Act, and substituting the following definitions:

    Act means the Fisheries Act 1996

    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.

    (2) Regulation 2 of the principal regulations is amended by inserting, after the definition of the term fish, the following definition:

    fisher identification number means the client number allocated to a person.

    (3) Regulation 2 of the principal regulations is amended by revoking the definitions of the terms commercial fisherman, examiner, and licensed fish receiver.

    (4) Regulation 2 of the principal regulations is amended by omitting from paragraph (b) of the definition of the term dealer in fish, the word fisherman, and substituting the word fisher.

    (5) Regulation 2 of the principal regulations is amended by omitting the words Terms defined in the Act or in the Fisheries (Reporting) Regulations 1990 have the meanings as so defined.

    (6) Regulation 2 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) Terms defined in the Act or in the Fisheries (Reporting) Regulations 2001 have the meanings so defined.

4 Persons required to keep records
  • Regulation 2 Regulation 3(a) of the principal regulations is amended by omitting the word fishermen, and substituting the word fishers.

5 Records to be kept by commercial fishermen
  • (1) The heading to regulation 4 of the principal regulations is amended by omitting the word fishermen, and substituting the word fishers.

    (2) Regulation 4 of the principal regulations is amended by omitting the word fisherman wherever it occurs, and substituting in each case the word fisher.

    (3) Regulation 4(b)(iii) of the principal regulations is amended by omitting the words fisherman's quota registration number or fisher identification number, and substituting the words fisher's client number.

    (4) Regulation 4(b)(v) of the principal regulations is amended by omitting the expression Fisheries (Reporting) Regulations 1990†, and substituting the expression Fisheries (Reporting) Regulations 2001.

    (5) Regulation 4(c)(iv) of the principal regulations is amended by omitting the words quota registration number or fisher identification number, and substituting the words client number.

6 Records, etc, to be kept by licensed fish receivers
  • Regulation 5(d) of the principal regulations is amended by omitting the word Director-General, and substituting the words chief executive.

7 Records to be kept by dealers in fish
  • Regulation 6(1)(c) of the principal regulations is amended by omitting the word fisherman, and substituting the word fisher.

8 Manner and form of source documents
  • Regulation 8(1) of the principal regulations is amended by omitting the word Director-General, and substituting the words chief executive.

9 Inspection of records, etc
  • Regulation 9 of the principal regulations is amended by omitting the word Director-General, and substituting the words chief executive.

10 Director-General may give directions as to manner of keeping records
  • (1) The heading to regulation 10 of the principal regulations is amended by omitting the word Director-General, and substituting the words Chief executive.

    (2) Regulation 10 of the principal regulations is amended by omitting the word Director-General in both places where it occurs, and substituting in each case the words chief executive.

11 Unloading dockets
  • (1) Regulation 12(1)(a) of the principal regulations is amended by omitting the word fisherman, and substituting the word fisher.

    (2) Regulation 12 of the principal regulations is amended by inserting, after subclause (1), the following subclause:

    • (1A) An unloading docket must be completed at the time when possession of the fish is taken.

    (3) Regulation 12(2) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

    • (c) if applicable, the client number of the permit holder under whose permit the fish were taken:.

12 Purchase invoices
  • (1) Regulation 13(1) of the principal regulations is amended by omitting the word fisherman wherever it occurs, and substituting in each case the word fisher.

    (2) Regulation 13(3) of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

    • (c) the client name and number of the permit holder under whose permit the fish were taken:.

    (3) Regulation 13(3)(d) of the principal regulations is amended by omitting the expression Fisheries (Reporting) Regulations 1990†, and substituting the expression Fisheries (Reporting) Regulations 2001.

    (4) Regulation 13(3)(i) of the principal regulations is amended by omitting the expression (SR 1990/214), and substituting the expression 2001.

13 Internal retail transfer records
  • Regulation 15 of the principal regulations is amended by inserting, after subclause (1), the following subclause:

    • (1A) An internal retail transfer record must be completed at the time when the fish enter the retail outlet.

14 Retail sales documents
  • Regulation 16 of the principal regulations is amended by inserting, after subclause (1), the following subclause:

    • (1A) A retail sales document must be completed at the time when the fish are sold.

15 Accounting systems
  • (1) Regulation 20(2) of the principal regulations is amended by inserting, after the words permit holder, the words or an annual catch entitlement owner.

    (2) Regulation 20(3) and (4) of the principal regulations is amended by omitting the word Director-General in both places where it occurs, and substituting in each case the words chief executive.

16 Purchasing systems
  • Regulation 21 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) Records that are required to be completed under this regulation must be completed as soon as practicable.

17 Sales systems
  • Regulation 22 of the principal regulations is amended by adding, as subclause (2), the following subclause:

    • (2) Records that are required to be completed under this regulation must be completed as soon as practicable.

18 Inventory systems
  • Regulation 23 of the principal regulations is amended by inserting after subclause (1), the following subclause:

    • (1A) Records that are required to be entered into the recording system under subclause (1) must be entered as soon as practicable after the information concerned has been received.

19 Director-General may waive requirements in certain cases
  • (1) The heading to regulation 27 of the principal regulations is amended by omitting the word Director-General, and substituting the words Chief executive.

    (2) Regulation 27 of the principal regulations is amended by omitting the word Director-General wherever it occurs, and substituting in each case the words chief executive.

20 New regulation 28 substituted
  • The principal regulations are amended by revoking regulations 28, and substituting the following regulation:

    28 Offences and penalties
    • (1) Every person commits an offence who—

      • (a) contravenes or fails to comply with any provision of these regulations; or

      • (b) makes any false or misleading statement or entry in relation to a record required by these regulations; or

      • (c) contravenes or fails to comply with any direction, restriction, or requirement given, made, or imposed under these regulations.

      (2) Every person who commits an offence against subclause (1) is liable on summary conviction to a fine not exceeding $100,000.

21 Regulation revoked
  • Regulation 29 of the principal regulations is revoked.

Marie Shroff,

Clerk of the Executive Council.

Explanatory note

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

These regulations, which come into force on 1 October 2001, amend the Fisheries (Recordkeeping) Regulations 1990 by—

  • revoking the definitions of various terms now defined in the Fisheries Act 1996:

  • prescribing new time frames for the completion of records under regulations 12, 15, 16, and 21 to 23:

  • recasting the offence and penalty provisions into 1 provision and increasing the maximum penalty for recordkeeping offences from $10,000 to $100,000.


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

Date of notification in Gazette: 26 July 2001.


  • 1 SR 1990/219