Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001

2001/255

Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001


Note

These regulations are administered in the Ministry of Fisheries.


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.

1 Title
  • (1) These regulations are the Fisheries (Reporting Offences and Other Matters) Amendment Regulations 2001.

    (2) In these regulations the Fisheries (Reporting) Regulations 20011 are called the principal regulations.

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

3 Interpretation
  • (1) Regulation 3(1) of the principal regulations is amended by inserting, after the definition of the term hoki mince by-product, the following definition:

    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.

    (2) Regulation 3(1) of the principal regulations is amended by revoking the definition of the term landing, and substituting the following definition:

    landing means,—

    • (a) 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) 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.

    (3) Regulation 3(1) of the principal regulations is amended by adding to paragraph (b) of the definition of the term point of landing, the following subparagraph:

    • (v) a place where fish or fish product is retained overnight in a holding receptacle.

4 Catch, effort, and landing returns
  • Regulation 5 of the principal regulations is amended by inserting, after subclause (4), the following subclauses:

    • (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 Monthly harvest returns
  • Regulation 7 of the principal regulations is amended by inserting, after subclause (2), the following subclauses:

    • (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.

6 Freshwater eel catch effort returns
  • Regulation 8 of the principal regulations is amended by adding the following subclauses:

    • (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.

7 Freshwater eel catch landing returns
  • Regulation 9 of the principal regulations is amended by inserting, after subclause (3), the following subclauses:

    • (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.

8 Paua catch effort landing returns
  • Regulation 10 of the principal regulations is amended by inserting, after subclause (3), the following subclauses:

    • (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.

9 Licensed fish receiver returns
  • Regulation 16 of the principal regulations is amended by inserting, after subclause (2), the following subclauses:

    • (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.

10 Licensed fish receiver must be audited and provide annual audit reports
  • Regulation 20 of the principal regulations is amended by inserting, after subclause (1), the following subclauses:

    • (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 provides an annual audit report more than 2 calendar months after the date it was due.

11 New regulation 42 substituted
  • The principal regulations are amended by revoking regulation 42, and substituting the following regulation:

    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:

      • (b) contravenes or fails to comply with the requirements of any of regulations 5(3), (4A), or (5), 7(2A), (4) or (6), 8(2) or (3A), 9(2), (3A), (4), or (5), 10(2), (3A), or (4), 16(2A) or (3), 18, 19, or 20(1A):

      • (c) contravenes or fails to comply with the requirements of any of regulations 5(4B), 6, 7(2B), 8(3B), 9(3B), 10(3B), 11, 12, 13, 16(2B), 20(1B), 21 to 26, or 40:

      • (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.

12 New regulation 43 substituted
  • The principal regulations are amended by revoking regulation 43, and substituting the following regulation:

    43 Penalties
    • Every person who commits an offence—

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

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

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

13 New Part 8 of Schedule 3 substituted
  • The principal regulations are amended by omitting Part 8 of Schedule 3, and substituting the following Part:

    8
    Method code

    MethodMethod code
    Purse seiningPS
    Danish seining—singleDS
    Danish Seine—pairDPS
    LamparaL
    Beach Seine/Drag netsBS
    Ring netRN
    HandgatheringH
    DivingDI
    HandliningHL
    TrollingT
    Pole and linePL
    Bottom trawl—singleBT
    Bottom trawl—pairBPT
    Midwater trawl—singleMW
    Midwater trawl—pairMPT
    DredgingD
    Cod pottingCP
    Rock lobster pottingRLP
    Eel potting (Hinaki)EP
    Fish traps (including Box/Teiche nets)FP
    Bottom longliningBLL
    Surface longliningSLL
    Drop/dahn linesDL
    Trot linesTL
    Set netting (including Gill nets)SN
    Inshore drift nettingDN
    Fyke netting (Eels)FN
    Pair set nettingPSN
    Dip nettingDPN
    Octopus pottingOCP
    Crab pottingCRP
    Mechanical harvestingMH
    Scoop netsSCN
    Scampi potsSCP

Martin Bell,

Acting For 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 (Reporting) Regulations 2001 by—

  • substituting new definitions of the terms holding receptacle and landing, and amending the definition of the term point of landing:

  • restructuring the offences relating to the provision of certain returns under Part 1 and annual audit reports under Part 2 to reflect appropriate penalty levels:

  • substituting new Part 8 of Schedule 3 (which relates to method codes), to amend the references to certain methods and to add new method codes.


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

Date of notification in Gazette: 20 September 2001.


  • 1 SR 2001/188