Fisheries (Reporting) Amendment Regulations (No 3) 2003

2003/380

Fisheries (Reporting) Amendment Regulations (No 3) 2003


Note

These regulations are administered in the Ministry of Fisheries.


Pursuant to section 297(1)(h) of the Fisheries Act 1996, Her Excellency the Administrator of the Government, 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) Amendment Regulations (No 3) 2003.

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

2 Commencement
  • These regulations come into force on the 28th day after the date of their notification in the Gazette.

3 Kinds of returns
  • Regulation 4 of the principal regulations is amended by inserting, after paragraph (e), the following paragraph:

    • (ea) lining catch effort returns:.

4 Catch landing returns
  • Regulation 6(1) of the principal regulations is amended by inserting, after paragraph (a), the following paragraph:

    • (aa) lining catch effort returns:.

5 New regulation 11A inserted
  • The principal regulations are amended by inserting, after regulation 11, the following regulation:

    11A Lining catch effort return
    • (1) A permit holder who takes fish, or on whose behalf fish are taken, by the methods of bottom longlining, surface longlining (targeting species other than tuna), and trot lining from a vessel must complete and provide to the chief executive lining catch effort returns if the vessel—

      • (a) is more than 28 m in overall length; or

      • (b) is a vessel for which the chief executive has advised the permit holder in writing that lining catch effort returns must be provided.

      (2) A person required to provide lining catch effort returns for a vessel must—

      • (a) complete a return for each day of a fishing trip on which a line setting operation is commenced from the vessel; and

      • (b) complete all of the return, except for the information about hauling, species caught, and signature, before the end of the day on which line setting commenced; and

      • (c) complete the information about hauling and species caught as soon as the hauling operation for that set is completed; and

      • (d) sign and date the return as soon as all fishing reported on the return is completed; and

      • (e) provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

      (3) A person contravenes this subclause if the person provides a lining catch effort return after the date it was due, but not more than 1 calendar month after the date it was due.

      (4) A person contravenes this subclause if the person provides or fails to provide a lining catch effort return more than 1 calendar month after the date it was due.

6 Separate returns required for each vessel or method
  • Regulation 28 of the principal regulations is amended by inserting, after the expression 11,, the expression 11A,.

7 Return books supplied by chief executive
  • Regulation 29(2) of the principal regulations is amended by inserting, after paragraph (d), the following paragraph:

    • (da) in the case of return books for lining catch effort returns, returns in form 5A of Schedule 2:.

8 Offences
  • (1) Regulation 42(b) of the principal regulations is amended by inserting, after the expression 11(3),, the expression 11A(3),.

    (2) Regulation 42(c) of the principal regulations is amended by inserting, after the expression 11(2) or (4),, the expression 11A(4),.

9 Schedule 2 amended
  • Schedule 2 of the principal regulations is amended by inserting, after Form 5, the form set out in the Schedule of these regulations.


Schedule
New form 5A inserted in Schedule 2 of principal regulations

r 9

Form 5A
Lining catch effort return

.

Diane Morcom,

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 the 28th day after the date of their notification in the Gazette, amend the Fisheries (Reporting) Regulations 2001. The amendments require a permit holder to complete and provide a lining catch effort return if the permit holder is taking fish by the methods of bottom longlining, surface longlining (targeting species other than tuna), or trot lining from a vessel that is more than 28 metres in overall length or a vessel in respect of which the chief executive of the Ministry of Fisheries has advised the permit holder that such returns are required.


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

Date of notification in Gazette: 18 December 2003.


  • 1 SR 2001/188