Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003

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as at 31 March 2010

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Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003

(SR 2003/351)


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.

This notice is administered by the Ministry of Fisheries.


Pursuant to section 75 of the Fisheries Act 1996, the Minister of Fisheries, after consultation in accordance with section 75A of that Act, gives the following notice.

Notice

1 Title
  • This notice is the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003.

2 Commencement
  • This notice comes into force on 31 March 2004.

3 Application
  • This notice applies to fish taken on or after 1 April 2004.

4 Interpretation
  • (1) In this notice,—

    ACE means annual catch entitlement

    Act means the Fisheries Act 1996

    reported catch has the same meaning as in the Fisheries (Deemed Value and Notification of Balances) Regulations 2001.

    (2) The references to fishstock in this notice are references to the fishstock codes described in Schedule 1 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2003.

    Clause 4(2): amended, on 31 March 2009, by clause 5 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).

    Clause 4(2): amended, on 1 April 2007, by clause 4 of the Fisheries (Interim and Annual Deemed Values) Amendment Notice 2007 (SR 2007/89).

5 Interim deemed values
  • (1) The interim deemed values to be demanded by the chief executive under section 76(2) of the Act for the stocks specified in the first column of Schedule 1 are the amounts per kilogram specified for those stocks in the second column of that schedule.

    (2) [Revoked]

    Clause 5(1): amended, on 31 March 2009, by clause 6(1) of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).

    Clause 5(2): revoked, on 31 March 2009, by clause 6(2) of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).

6 Annual deemed values
  • (1) The annual deemed values to be demanded by the chief executive under section 76(2A) and (2B) of the Act for the stocks specified in the first column of Schedule 1 are the amounts per kilogram specified in the third column of Schedule 1.

    (2) Subclause (1) is subject to subclauses (3) and (4).

    (3) The annual deemed values to be demanded by the chief executive under section 76(2A) and (2B) of the Act for all stocks of red crab (CHC), giant spider crab (GSC), and king crab (KIC) are as follows:

    • (a) for so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 20%, the amounts per kilogram specified for those stocks in the third column of Schedule 1 (the basic annual deemed value):

    • (b) for so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 20% but not more than 40%, 120% of the basic annual deemed value:

    • (c) for so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 40% but not more than 60%, 140% of the basic annual deemed value:

    • (d) for so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 60% but not more than 80%, 160% of the basic annual deemed value:

    • (e) for so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 80% but not more than 100%, 180% of the basic annual deemed value:

    • (f) for so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%, 200% of the basic annual deemed value.

    (4) The annual deemed values to be demanded by the chief executive under section 76(2A) and (2B) of the Act for all stocks specified in Schedule 2 are the amounts per kilogram specified for those stocks in the third column of that schedule for the appropriate level of catch specified in the second column of that schedule.

    Clause 6: substituted, on 31 March 2010 (applying on and from the fishing year commencing on 1 April 2010), by clause 5 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2010 (SR 2010/59).

7 Values exclusive of GST
  • (1) Subclause (2) applies to—

    • (a) the fishing year commencing on 1 April 2006; and

    • (b) all subsequent fishing years commencing on 1 April.

    (2) The interim and annual deemed values specified in the schedules are, in relation to the fishing years referred to in subclause (1), exclusive of goods and services tax.

    Clause 7: added, on 1 April 2006, by clause 3 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2006 (SR 2006/82).

    Clause 7(2): amended, on 31 March 2009, by clause 8 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).


Schedule 1
Interim and annual deemed values

cl 6(1)

  • Schedule 1: substituted, on 31 March 2009, by clause 9 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).

Fishstock Interim deemed value
($/kg)
Annual deemed value
($/kg)
BYA1 0.21 0.42
BYA2 0.21 0.42
BYA3 0.21 0.42
BYA4 0.21 0.42
BYA5 0.21 0.42
BYA7 0.21 0.42
BYA8 0.21 0.42
BYA9 0.21 0.42
CHC1 1.62 1.80
CHC2 1.62 1.80
CHC3 1.62 1.80
CHC4 1.62 1.80
CHC5 1.62 1.80
CHC6 1.62 1.80
CHC7 1.62 1.80
CHC8 1.62 1.80
CHC9 1.62 1.80
CHC10 1.62 1.80
DAN1 0.21 0.42
DAN2 0.21 0.42
DAN3 0.21 0.42
DAN4 0.21 0.42
DAN5 0.21 0.42
DAN7 0.21 0.42
DAN8 0.21 0.42
DAN9 0.21 0.42
DSU1 0.21 0.42
DSU2 0.21 0.42
DSU3 0.21 0.42
DSU4 0.21 0.42
DSU5 0.21 0.42
DSU7 0.21 0.42
DSU8 0.21 0.42
DSU9 0.21 0.42
GSC1 1.62 1.80
GSC3 1.62 1.80
GSC5 1.62 1.80
GSC6A 1.62 1.80
GSC6B 1.62 1.80
GSC10 1.62 1.80
HOR1 0.06 0.12
HOR2 0.06 0.12
HOR3 0.06 0.12
HOR4 0.06 0.12
HOR5 0.06 0.12
HOR6 0.06 0.12
HOR7 0.06 0.12
HOR8 0.06 0.12
HOR9 0.06 0.12
HOR10 0.06 0.12
KIC1 1.62 1.80
KIC2 1.62 1.80
KIC3 1.62 1.80
KIC4 1.62 1.80
KIC5 1.62 1.80
KIC6 1.62 1.80
KIC7 1.62 1.80
KIC8 1.62 1.80
KIC9 1.62 1.80
KIC10 1.62 1.80
MDI1 0.78 1.56
MDI2 0.78 1.56
MDI3 0.78 1.56
MDI4 0.78 1.56
MDI5 0.78 1.56
MDI7 0.78 1.56
MDI8 0.78 1.56
MDI9 0.78 1.56
MMI1 0.96 1.92
MMI2 0.96 1.92
MMI3 0.96 1.92
MMI4 0.96 1.92
MMI5 0.96 1.92
MMI7 0.96 1.92
MMI8 0.96 1.92
MMI9 0.96 1.92
PDO1 0.72 1.44
PDO2 0.72 1.44
PDO3 0.72 1.44
PDO4 0.72 1.44
PDO5 0.72 1.44
PDO7 0.72 1.44
PDO8 0.72 1.44
PDO9 0.72 1.44
SAE1 0.51 1.02
SAE2 0.51 1.02
SAE3 0.51 1.02
SAE4 0.51 1.02
SAE5 0.51 1.02
SAE7 0.51 1.02
SAE8 0.51 1.02
SAE9 0.51 1.02
SCC1A 20.00 40.00
SCC1B 20.00 40.00
SCC2A 20.00 40.00
SCC2B 20.00 40.00
SCC3 1.50 2.00
SCC4 20.00 40.00
SCC5A 20.00 40.00
SCC5B 20.00 40.00
SCC6 20.00 40.00
SCC7A 20.00 40.00
SCC7B 20.00 40.00
SCC7D 20.00 40.00
SCC8 20.00 40.00
SCC9 20.00 40.00
SCC10 20.00 40.00

Schedule 2
Differential annual deemed values for different levels of catch

cl 6(3)

  • Schedule 2: added, on 31 March 2009, by clause 9 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2009 (SR 2009/54).

Fishstock   Commercial fisher's reported catch   Annual deemed value ($/kg)
BYA1, BYA2, BYA3, BYA4, BYA5, BYA7, BYA8, BYA9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   0.84
DAN1, DAN2, DAN3, DAN4, DAN5, DAN7, DAN8, DAN9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   0.84
DSU1, DSU2, DSU3, DSU4, DSU5, DSU7, DSU8, DSU9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   0.84
HOR1, HOR2, HOR3, HOR4, HOR5, HOR6, HOR7, HOR8, HOR9, HOR10   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
  For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   0.24
MDI1, MDI2, MDI3, MDI4, MDI5, MDI7, MDI8, MDI9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   3.12
MMI1, MMI2, MMI3, MMI4, MMI5, MMI7, MMI8, MMI9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   3.84
PDO1, PDO2, PDO3, PDO4, PDO5, PDO7, PDO8, PDO9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   2.88
SAE1, SAE2, SAE3, SAE4, SAE5, SAE7, SAE8, SAE9   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 100%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   2.04
SCC3   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 20%   The amount per kilogram specified for that stock in the third column of Schedule 1
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 20% but not more than 40%   2.40
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 40% but not more than 60%   2.80
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 60% but not more than 80%   3.20
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 80% but not more than 100%   3.60
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   4.00
SCC1A, SCC1B, SCC2A, SCC2B, SCC4, SCC5A, SCC5B, SCC6, SCC7A, SCC7B, SCC7D, SCC8, SCC9, SCC10   For so much of the commercial fisher's reported catch as does not exceed the fisher's ACE by more than 20%   The amount per kilogram specified for that stock in the third column of Schedule 1
  For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 20% but not more than 40%   48.00
  For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 40% but not more than 60%   56.00
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 60% but not more than 80%   64.00
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 80% but not more than 100%   72.00
    For so much of the commercial fisher's reported catch as exceeds the fisher's ACE by more than 100%   80.00
  • Schedule 2: amended, on 31 March 2010 (applying on and from the fishing year commencing on 1 April 2010), by clause 6 of the Fisheries (Interim and Annual Deemed Values) Notice (No 3) 2003 Amendment Notice 2010 (SR 2010/59).

Dated at Wellington this 27th day of November 2003.

Pete Hodgson,
Minister of Fisheries.


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

Date of notification in Gazette: 4 December 2003.


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 (Interim and Annual Deemed Values) Notice (No 3) 2003. The reprint incorporates all the amendments to the notice as at 31 March 2010, 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).