Fisheries (Central Area Commercial Fishing) Amendment Regulations (No 3) 2001

2001/261

Fisheries (Central Area Commercial Fishing) Amendment Regulations (No 3) 2001


Note

These regulations are administered in the Ministry of Fisheries.


Pursuant to 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(1) of the principal regulations is amended by revoking the definition of Act, and substituting the following definition:

    Act means the Fisheries Act 1996.

    (2) Regulation 2(1) of the principal regulations is amended by revoking the definitions of bigeye tuna; black (seal) shark; blue mackerel; blue shark; broad squid; broadbill swordfish; bronze whaler shark; butterfish; butterfly tuna; catseye; cockle; cooks turban; dog cockle; dredge oyster; durvillea; ecklonia; flying fish; galaxids, adult; gracilaria; green-lipped mussel spat; greeneye dogfish; king clam; lamprey; leatherjacket; lessonia; limpet; lookdown dory; macrocystis; marblefish; mud snail; munida; pacific oyster; periwinkle; pipi; porae; porphyra; prawn; pterocladia; queen scallop; ray's bream; red moki; saury; scallop; scampi; sea hare; sea horse; sea slug; sea tulip; seven-gill shark; shovelnose spiny dogfish; silver dory; six-gill shark; skate and ray; skipjack tuna; slender tuna; smelt, adult; southern bluefin tuna; sowfish; spiny dogfish; sponge; spotty; surf clam; thresher shark; tuatua; ulva; undaria; volutes; whelk; yellowfin tuna; yellowtailed kingfish; and zostera.

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

    commercial fisher means—

    • (a) any person who takes any fish, aquatic life, or seaweed for the purposes of sale:

    • (b) any person who is engaged in any capacity on a New Zealand fishing vessel:

    • (c) any person who has a fishing permit issued under section 91 of the Fisheries Act 1996 entitling the person to take any species or class of fish, aquatic life, or seaweed..

4 References to commercial fisher substituted for references to commercial fisherman
  • Regulations 3 to 6A, 7 to 10, 12 to 14, 14B to 14G, 14I, 14J, and 15 of the principal regulations are amended by omitting the words commercial fisherman wherever they appear, and substituting in each case the words commercial fisher.

5 Targeting of certain fish, aquatic life, and seaweed prohibited, unless specially authorised
  • Regulation 14A of the principal regulations is revoked.

6 Fish, aquatic life, and seaweed that may be taken subject to competitive or individual quotas, method restrictions, etc
  • Regulation 14AA of the principal regulations is revoked.

7 References to chief executive substituted for references to Director-General
  • Regulations 14B, 14C, 14F, and 14L of the principal regulations are amended by omitting the word Director-General wherever it appears, and substituting in each case the words chief executive.

8 New regulation 16 substituted
  • The principal regulations are amended by revoking regulation 16, and substituting the following regulation:

    16 Offences
    • (1) A person commits an offence and is liable on summary conviction to a fine not exceeding $20,000 if the person acts in contravention of, or fails to comply with, any of regulations 7B, 13, 13A, 14B(3), (4), or (5), 14C(1), 14D, or 14E.

      (2) A person commits an offence and is liable on summary conviction to a fine not exceeding $100,000 if the person acts in contravention of, or fails to comply with, any of regulations 3 to 7A, 7C to 12, 14, 14B(2), 14C(2) or (3), 14F, 14G, 14H, 14I, 14J, 14M, or 15.

9 Other amendments to principal regulations
  • The principal regulations are amended in the manner indicated in the Schedule.

10 Revocations

Schedule
Other amendments to principal regulations

r 9

Regulation 3A

Omit the words regulation 21 of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 31(1) of the Fisheries (Commercial Fishing) Regulations 2001.

Regulation 7A

Omit the words regulation 42(4) of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 65(8) of the Fisheries (Commercial Fishing) Regulations 2001.

Regulation 7B

Omit the words regulation 42A of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 66 of the Fisheries (Commercial Fishing) Regulations 2001.

Regulation 14K

Omit from subclause (1)

  • (a) the words regulation 27 of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 37 of the Fisheries (Commercial Fishing) Regulations 2001; and

  • (b) the expression regulation 29 and substitute the expression regulation 41.

Omit from subclause (2) the words regulation 27(2) of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 37(2) of the Fisheries (Commercial Fishing) Regulations 2001.

Regulation 14L(1)

Omit the words regulation 28 of the Fisheries (Commercial Fishing) Regulations 1986 and substitute the words regulation 38 of the Fisheries (Commercial Fishing) Regulations 2001.

Martin Bell,

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 (Central Area Commercial Fishing) Regulations 1986 to make them more consistent with the Fisheries Act 1996. The main features of the amendments are as follows:

  • a definition of commercial fisher is substituted for the definition of commercial fisherman:

  • references to the chief executive are substituted for references to the Director-General:

  • the prohibition on targetting certain fish, aquatic life, and seaweed is omitted. This matter is now covered by the Fisheries (Commercial Fishing) Regulations 2001:

  • the maximum fines in regulation 16 for offences against the regulations, which were formerly $5,000 and $10,000, are increased to $20,000 and $100,000.


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

Date of notification in Gazette: 20 September 2001.


  • 1 SR 1986/217