Fisheries (Reporting) Amendment Regulations (No 3) 2004

2004/328

Fisheries (Reporting) Amendment Regulations (No 3) 2004


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) Amendment Regulations (No 3) 2004.

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

2 Commencement
  • These regulations come into force on 1 October 2004.

3 Interpretation
  • (1) Regulation 3(1) of the principal regulations is amended by inserting, after the definition of destination, the following definitions:

    dried fins, in relation to blue shark, mako shark, or porbeagle shark, means the state in which—

    • (a) the head, body, and all internal organs, except the pectoral fins, dorsal fin, and lower lobe of the caudal fin, have been removed; and

    • (b) the pectoral fins, dorsal fin, and lower lobe of the caudal fin have been dried or otherwise processed

    dried shark fins by-product, in relation to blue shark, mako shark, or porbeagle shark, means the additional landed state in which the pectoral fins, dorsal fins, or caudal fins—

    • (a) have been landed after drying or other processing; and

    • (b) have a moisture content not exceeding 18% by weight.

    (2) Regulation 3(1) of the principal regulations is amended by inserting, after the definition of vessel registration number, the following definitions:

    wet fins in relation to blue shark, mako shark, or porbeagle shark, means the state in which—

    • (a) the head, body, and all internal organs, except the pectoral fins, dorsal fin, and lower lobe of the caudal fin, have been removed; and

    • (b) no drying or other processing of the pectoral fins, dorsal fin, or lower lobe of the caudal fin has occurred

    wet shark fins by-product, in relation to blue shark, mako shark, or porbeagle shark, means the additional landed state in which the pectoral fins, dorsal fins, or caudal fins have been landed before drying or other processing.

4 Method of entering certain details on return
  • Regulation 36(3) of the principal regulations is amended by revoking paragraph (a), and substituting the following paragraph:

    • (a) all weights of fish, aquatic life, or seaweed (except scallops and Foveaux Strait dredge oysters) must be recorded in greenweight kilograms using, if appropriate to the landed state of the fish, aquatic life, or seaweed,—

      • (i) the conversion factors stated in the Fisheries (Conversion Factors) Notice 2000 or in a certificate given by the chief executive under section 188 of the Act; or

      • (ii) any spat ratio set by a notice made under section 188A of the Act.

5 Part 1 of Schedule 3 amended
  • Table 17 of Part 1 of Schedule 3 of the principal regulations is amended by adding the note set out in Schedule 1 of these regulations.

6 Part 3 of Schedule 3 amended
  • Part 3 of Schedule 3 of the principal regulations is amended by adding the items set out in Schedule 2 of these regulations.

7 Part 4 of Schedule 3 amended
  • Part 4 of Schedule 3 of the principal regulations is amended by adding the items set out in Schedule 3 of these regulations.


Schedule 1
New note for table 17 of Part 1 of Schedule 3 of principal regulations

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  • 4 The fishstock code MSP is to be used only for those green-lipped mussel stocks for which a ratio has been set under section 188A of the Fisheries Act 1996.

Schedule 2
New items for Part 3 of Schedule 3 of principal regulations

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Sole or principal landed stateCorresponding landed state code
Dried finsFID
Wet finsFIW

Schedule 3
New items for Part 4 of Schedule 3 of principal regulations

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Additional landed stateCorresponding landed state code
Wet shark fins by-productWSB
Dried shark fins by-productDSB

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 1 October 2004, amend the Fisheries (Reporting) Regulations 2001 by—

  • inserting definitions of dried fins, dried shark fins by-product, wet fins, and wet shark fins by-product:

  • requiring returns to be completed in accordance with any spat ratio set by notice made under section 188A of the Fisheries Act 1996:

  • adding to the notes to table 17 of Part 1 of Schedule 3 a requirement relating to the use of fishstock code MSP:

  • adding to Part 3 of Schedule 3 the landed state codes for dried fins and wet fins:

  • adding to Part 4 of Schedule 3 additional landed state codes for wet shark fins by-product and dried shark fins by-product.


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

Date of notification in Gazette: 23 September 2004.


  • 1 SR 2001/188