Fisheries (Cost Recovery) Rules 2001

Reprint
as at 1 April 2008

Crest

Fisheries (Cost Recovery) Rules 2001

(SR 2001/229)

Silvia Cartwright, Governor-General

Order in Council

At Wellington this 10th day of September 2001

Present:
Her Excellency the Governor-General in Council

Note

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

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

These rules are administered by the Ministry of Fisheries.

Pursuant to section 263 of the Fisheries Act 1996, Her Excellency the Governor-General, on the recommendation of the Minister of Fisheries under that section, and acting on the advice and with the consent of the Executive Council, makes the following rules.

Rules

1 Title

  • These rules are the Fisheries (Cost Recovery) Rules 2001.

2 Commencement

  • These rules come into force on the day after the date of their notification in the Gazette.

3 Interpretation

  • (1) In these rules, unless the context otherwise requires,—

    Act means the Fisheries Act 1996

    bottom trawling means trawling or dredging for aquatic life using a trawl net or dredge that is designed to come into contact with, and be dragged along, the seabed

    coastal permit means a coastal permit under the Resource Management Act 1991

    costs includes both direct and indirect costs

    deepwater benthic research means research, in the exclusive economic zone, relating to—

    • (a) avoiding, remedying, or mitigating the adverse effects of bottom trawling on the benthic environment and its biological diversity; or

    • (b) the benthic environment and its biological diversity when there is a general public interest in that research

    fisheries resources stock assessment research, in relation to any stock, species, or class of fish or fish resource, means research projects that aim to produce information on the stock structure, productivity, distribution, ecology, biomass, or sustainable yields of that stock, species, class, or resource

    ICE means individual catch entitlement

    inshore finfish—

    • (a) includes elephant fish, groper, red cod, rig, school shark, and snapper:

    • (b) does not include freshwater eels or blue cod

    MHR means the monthly harvest return required by the Fisheries (Reporting) Regulations 2001

    monitoring harvest levels means services to monitor the quantity and quality of data received from the reporting of fishing activity under the Act

    pelagic fisheries resources includes albacore, jack mackerel, kahawai, skipjack tuna, southern bluefin tuna, kingfish (yellowtail), and other game fish species

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

    port price means the surveyed average price paid by licensed fish receivers to independent fishers for fish landed to those licensed fish receivers, as set or updated under rule 12

    QMS means quota management system

    registered fish farmer means a fish farmer registered under Part 9A of the Act

    research relating to the protected species population means research required or carried out in the interests of the effective management of any species that is—

    • (b) taken as non-targeted species by commercial fishers

    shellfish fisheries resources does not include cockles, paua, pipis, rock lobster, or tuatua

    TAC means total allowable catch

    TACC means total allowable commercial catch.

    (2) In these rules, references to stocks includes, where appropriate, references to fishing activities undertaken for the purpose of harvesting those stocks and to the persons carrying out those activities.

    Rule 3(1) bottom trawling: inserted, on 13 September 2007, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

    Rule 3(1) coastal permit: inserted, on 1 January 2006, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

    Rule 3(1) deepwater benthic research: inserted, on 13 September 2007, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

    Rule 3(1) registered fish farmer: inserted, on 1 January 2006, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

4 Status of rules

  • These rules are to be followed so far as reasonably practicable in setting any levies under the Act, but failure to accurately predict, estimate, account for, or otherwise quantify any matter referred to in these rules does not invalidate any levies set in accordance with their general tenor.

5 Proportion of costs to be recovered from industry

  • The proportion of costs to be recovered from the commercial fishing industry for the fisheries or conservation services specified in the first column of the Schedule is the proportion set out in the second column of that schedule.

6 Who must pay levies, and basis for levy

  • (1) The persons who must pay levies in respect of the fisheries and conservation services specified in the Schedule are, as appropriate,—

    • (a) quota owners, on the basis of the quota weight equivalent in relation to their quota share:

    • (b) ICE holders, on the basis of the amount of ICE held:

    • (c) permit holders, on the basis of the amount of actual catch of non-QMS stock reported on the holders' MHRs:

    • (d) fish farmers (being persons undertaking fish farming under licences granted under the Freshwater Fish Farming Regulations 1983), on the basis of—

      • (i) the area of the relevant fish farm in hectares, in the case of costs for research services:

      • (ii) the number of coastal permits or other authorisations held, in the case of costs for enforcement or other services.

    • (e) fish farmers (being registered fish farmers), on the basis of the aggregate area in hectares of all fish farms in relation to which a fish farmer is registered.

    (2) The levy payable for any fishing year on quota weight equivalent in relation to quota share, ICE held, or actual catch of non-QMS stock reported on a permit holder's MHR is to be calculated for each stock in accordance with the following formula:

    g
    h

    where—

    g
    is the total amount of costs to be recovered from the stock for the fishing year
    h
    is the total TACC, ICE, or estimated catch likely to be extracted from the stock in the fishing year, as appropriate.

    (3) Levies imposed on the persons specified in subclause (1)(a) to (c) may be expressed as a levy amount per tonne, per kilogram, or per quota share.

    Rule 6(1)(d): amended, on 1 January 2006, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

    Rule 6(1)(d)(ii): amended, on 1 January 2006, by rule 4(2) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

    Rule 6(1)(e): added, on 1 January 2006, by rule 4(3) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

7 Allocation of costs between stocks for certain industry-wide services

  • (1) This rule applies to the following services:

    • (a) the services specified in item 1 of the Schedule (which relates to monitoring and offence detection):

    • (b) the services specified in items 2 and 3 of the Schedule (which relate to protected species research):

    • (c) the services specified in items 4, 4A, and 4B of the Schedule (which relate to mitigation, etc, of effects of commercial fishing on the aquatic environment or biological diversity):

    • (d) the services specified in item 9 of the Schedule (which relates to the monitoring of harvest levels):

    • (e) the services specified in item 10 of the Schedule (which relates to administration and registry services).

    (2) The percentage of the costs to be recovered from each stock in respect of the services listed in subclause (1) is to be determined in accordance with the following formula:

    a
    b

    where—

    a
    is the value of the particular stock, derived by multiplying the total TACC, ICE, or estimated catch for the stock by the port price for that stock
    b
    is the total value of all stocks, derived by—

    • (a) multiplying the total TACC, ICE, or estimated catch for each stock by its relevant port price; and

    • (b) adding all the results.

    (3) If, in the case of the services specified in items 2, 3, 4, 4A, and 4B of the Schedule, the chief executive identifies particular stocks as risk exacerbators in all or any areas to which the services relate, then—

    • (a) the costs of those services in these areas are not to be recovered from other stocks; and

    • (b) the costs to be recovered in those areas from the identified stocks are to be determined in accordance with the formula in subclause (2) as if item b related only to the total value of those stocks identified as exacerbators.

    Rule 7(1)(c): amended, on 1 April 2008, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

    Rule 7(3): amended, on 1 April 2008, by rule 4(2) of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

    Rule 7(3): amended, on 13 September 2007, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

7A Allocation of costs for deepwater benthic research

  • (1) Where the cost of all deepwater benthic research for fisheries services does not exceed $1,000,000 (excluding GST) in any financial year, the percentage of the costs to be recovered from industry in respect of that year is 33.33%.

    (2) Where the cost of all deepwater benthic research for fisheries services exceeds $1,000,000 (excluding GST) in any financial year, the percentage of costs to be recovered from industry in respect of that year is to be determined in accordance with the following formula:

    a × 33.33%
    b 

    where—

    a
    is $1,000,000; and
    b
    is the total cost of all deepwater benthic research for fisheries services in the relevant financial year.

    Rule 7A: inserted, on 1 April 2008, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

8 Allocation of costs between stocks for observer coverage services

  • In respect of the observer coverage services specified in item 8 of the Schedule, the percentage of costs to be recovered from each stock is to be determined in accordance with the following formula:

    c
    d

    where—

    c
    is the number of observer seadays in the relevant fishing year or financial year or other relevant period attributable to the particular stock
    d
    is the total number of observer sea days during that year or period.
9 Allocation of costs for stock assessment research

  • (1) In respect of the stock assessment research services specified in items 5, 6, and 7 of the Schedule,—

    • (a) the costs of services attributable to a single stock are to be recovered from that stock:

    • (b) where the services relate to more than 1 stock, the costs are to be recovered from each stock to which the services relate in accordance with—

      • (i) the formula in subclause (2), if the chief executive has determined a percentage allocation for the research effort in respect of the particular stock; or

      • (ii) the formula in subclause (3), if the chief executive has not determined such a percentage allocation for the stock.

    (2) If, in respect of services that relate to more than 1 stock, the chief executive has determined a percentage allocation for the research effort in respect of a particular stock, the costs to be recovered from that stock are to be determined in accordance with the following formula:

    c × d × h

    where—

    c
    is the total cost of the services (before deduction of any Crown contribution)
    d
    is the percentage allocation determined by the chief executive as reflecting the research effort in respect of the particular stock
    h
    is the percentage of costs to be recovered from the particular stock, as indicated in the second column of item 5 or the second column of item 6 of the Schedule (whichever is relevant).

    (3) If, in respect of services that relate to more than 1 stock, the chief executive has not determined a percentage allocation for the research effort in respect of a particular stock, the costs to be recovered from that stock are to be determined in accordance with the following formula:

    (c – e) ×f× h
    g

    where—

    c
    is the total cost of the services (before deduction of any Crown contribution)
    e
    is the sum of any research costs allocated under subclause (2) to other stocks for the services concerned
    f
    is the value of the particular stock, derived by multiplying the total TAC, ICE, or estimated catch for the stock by the port price for the stock
    g
    is the total value of all the stocks to which the services relate (other than stocks for which an allocation has been made under subclause (2)), derived by—

    • multiplying the total TAC, ICE, or estimated catch for each stock (other than stocks for which an allocation has been made under subclause (2)) by its relevant port price; and

    • adding all the results

    h
    is the percentage of costs to be recovered from the particular stock, as indicated in the second column of item 5 or the second column of item 6 of the Schedule (whichever is relevant).

    Rule 9: substituted, on 26 July 2002, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).

10 Allocation of costs for aquaculture services

  • (1) In respect of the aquaculture services specified in item 11 in the Schedule, costs are to be recovered in relation to a fish farm (being the area and premises specified in a current licence under the Freshwater Fish Farming Regulations 1983) on the basis of—

    • (a) the area of each fish farm, in the case of the costs of research services:

    • (b) the number of coastal permits or other authorisations held, in the case of the costs of enforcement or other services.

    (2) In respect of the aquaculture services specified in item 11 in the Schedule, costs are to be recovered in relation to fish farms (being fish farms in relation to which fish farmers are registered) on the basis of the aggregate area in hectares of all fish farms in relation to which a fish farmer is registered.

    Rule 10(1): amended, on 1 January 2006, by rule 5(1) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

    Rule 10(1)(b): amended, on 1 January 2006, by rule 5(2) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

    Rule 10(2): added, on 1 January 2006, by rule 5(3) of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

11 Alterations in levies during fishing year

  • If it is proposed to alter any levy during a fishing year, the altered levy may be set at a figure that, when averaged with the existing levy, results in an appropriate overall levy amount for the whole fishing year.

12 Port prices

  • Before 1 October in each year, the chief executive must survey the port prices for each stock and fix a port price that, in the view of the chief executive, is the average port price for that stock.

13 Revocation

  • The Fisheries (Crown Contribution) Order 1999 (SR 1999/381) is revoked.

Schedule
Apportionment of costs of fisheries and conservation services

rr 6, 8

 Services Percentage of costs to be borne by industry Allocation between stocks
1Monitoring and offence detection of commercial fishing activities 100% As in rule 7(2)
2Research relating to protected species populations where risk to those populations by human intervention has been estimated 

. , expressed as a percentage, where—

  • a is the risk to the populations posed by commercial fishing in New Zealand fisheries waters:

  • b is the total risk of human interventions on the populations

 As in rule 7(2) or (3)
  
  
3Research relating to protected species populations where risk to those populations by human intervention has not been estimated 50% As in rule 7(2) or (3)
4Services (including research, other than deepwater benthic research) provided to avoid, remedy, or mitigate that portion of the risk to, or adverse effect on, the aquatic environment or biological diversity of the aquatic environment caused by commercial fishing 100% As in rule 7(2) or (3)
4ADeepwater benthic research for fisheries services As in rule 7A(1) and (2)  As in rule 7(2) or (3)
4BDeepwater benthic research for conservation services 100% As in rule 7(2) or (3)
5Stock assessment research for stock for which a TAC and a TACC have been set 

. , expressed as a percentage, where—

  • a is the TACC for the stock

  • b is the TAC for the stock

 As in rule 9(1)(a)
  
  
6Stock assessment research for stock for which a TACC or a TAC has not been set The following percentage, as appropriate, for the stock being researched:

  • (a) blue cod—40%:

  • (b) freshwater eels—50%:

  • (c) cockles, pipis, or tuatua—25%:

  • (d) paua or rock lobster—75%:

  • (e) shellfish other than cockles, pipis, tuatua, paua, or rock lobster—90%:

  • (f) inshore finfish other than freshwater eels or blue cod—75%:

  • (g) pelagic fisheries other than kahawai and kingfish—95%:

  • (ga) kahawai—70%:

  • (gb) kingfish—50%:

  • (h) seaweed—25%:

  • (i) all other stocks not specified in paragraphs (a) to (h)—100%

 As in rule 9(1)(a)
7Stock assessment research across more than one stock For each stock, the relevant percentage for that stock specified in this column in item 5 or item 6 (which percentage is to be applied to the stock's share of the costs determined in rule 9(2)) As in rule 9(2)
8Observer coverage to support stock assessment process and conservation services 100% As in rule 8
9Monitoring harvest levels 100% As in rule 7(2)
10Quota and commercial fishing administration and registry services, including access and introducing new species into QMS 100% As in rule 7(2)
11Aquaculture services 100% As in rule 10

  • Schedule item 2: amended, on 1 October 2004, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2004 (SR 2004/290).

  • Schedule item 4: amended, on 13 September 2007, by rule 6(1) of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

  • Schedule item 4A: substituted, on 1 April 2008, by rule 6 of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

  • Schedule item 4B: inserted, on 1 April 2008, by rule 6 of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

  • Schedule item 6: amended, on 26 July 2002, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).

Marie Shroff,
Clerk of the Executive Council.

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

Date of notification in Gazette: 12 September 2001.

Contents

  • 1General

  • 2Status of reprints

  • 3How reprints are prepared

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

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

Notes
1 General

  • This is a reprint of the Fisheries (Cost Recovery) Rules 2001. The reprint incorporates all the amendments to the rules as at 1 April 2008, as specified in the list of amendments at the end of these notes.

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

2 Status of reprints

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

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

3 How reprints are prepared

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

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

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

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

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

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

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

    • •layout of provisions, including:

      • •indentation

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

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

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

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

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

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

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

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

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

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

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

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

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