Fisheries (Reporting) Amendment Regulations 2006

2006/240

Fisheries (Reporting) Amendment Regulations 2006


Note

These regulations are administered by the Ministry of Fisheries.


  • Preamble

    At Wellington this 28th day of August 2006

Pursuant to section 297(1)(h) of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title
  • These regulations are the Fisheries (Reporting) Amendment Regulations 2006.

2 Commencement
  • These regulations come into force on 1 October 2006.

3 Principal regulations amended
4 Interpretation
  • Regulation 3 is amended by adding the following subclause:

    • (4) A landed state that is specified in the first column of Part 3 of Schedule 3 has the same meaning as in a notice given by the chief executive under section 188(1) of the Act, if the landed state—

      • (a) is not defined in these regulations; but

      • (b) is defined in the notice.

5 Kinds of returns
  • Regulation 4 is amended by inserting the following paragraph after paragraph (ea):

    • (eb) netting catch effort landing returns:.

6 Catch, effort, and landing returns
  • Regulation 5(1) is amended by inserting 11B, after 11A,.

7 Monthly harvest returns
  • Regulation 7(2)(a)(i) is amended by omitting or T and substituting T, or X.

8 New regulation 11B inserted
  • The following regulation is inserted after regulation 11A:

    11B Netting catch effort landing returns
    • (1) A permit holder who takes fish, or on whose behalf fish are taken, by the method of set netting, inshore drift netting, or pair set netting from a vessel must complete and provide to the chief executive netting catch effort landing returns if the vessel—

      • (a) is 6 metres or more in overall length; or

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

      (2) The permit holder must—

      • (a) complete separate returns for each fishing trip; and

      • (b) complete a column of catch and effort information in section 2 of the return for each set as soon as hauling for the set is completed; and

      • (c) complete section 3 (relating to trip information) immediately on landing; and

      • (d) complete section 4 (relating to catch landing data) immediately on landing, except any part of the last 2 columns that requires information from a licensed fish receiver; and

      • (e) complete any remaining part of the last 2 columns of section 4 immediately on receipt of the information required from the licensed fish receiver; and

      • (f) complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

      • (g) provide the return to the chief executive no later than 15 days after the last day of the calendar month in which the fishing trip ends.

      (3) In subclause (2)(b), a set includes all nets that are set—

      • (a) to target the same species; and

      • (b) within 2 nautical miles of the first net that is set; and

      • (c) as soon as practicable after the first net is set.

      (4) A person contravenes this subclause if the person provides a netting catch effort landing return after the date it is due, but no more than 1 calendar month after that date.

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

      (6) If no fishing trip is made in a calendar month, the permit holder must—

      • (a) state that month and the year in the space next to 'landing date' in section 3 of a return; and

      • (b) clearly mark the return as a nil return; and

      • (c) complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

      • (d) provide the return to the chief executive no later than 15 days after the last day of that month.

9 Separate returns required for each vessel or method
  • Regulation 28 is amended by inserting 11B, after 11A,.

10 Return books supplied by chief executive
  • Regulation 29(2) is amended by inserting the following paragraph after paragraph (da):

    • (db) in the case of return books for netting catch effort landing returns, returns in form 5B of Schedule 2:.

11 Method of entering certain details on return
  • Regulation 36(3)(a) is amended by revoking subparagraph (i) and substituting the following subparagraph:

    • (i) the conversion factors stated in a notice or certificate given by the chief executive under section 188(1) or (2) of the Act; or.

12 Offences
  • (1) Regulation 42(b) is amended by inserting 11B(2), (4), or (6), after 11A(3),.

    (2) Regulation 42(c) is amended by inserting 11B(5), after 11A(4),.

13 New form 5B inserted in Schedule 2
  • Schedule 2 is amended by inserting the form 5B set out in Schedule 1 of these regulations after form 5A.

14 Part 1 of Schedule 3 amended
  • (1) Paragraph (b) above table 1 of Part 1 of Schedule 3 is amended by omitting tables 3 to 13 and substituting the other tables.

    (2) The heading to the third column of table 1 of Part 1 of Schedule 3 is amended by omitting tables 3 to 19 of this Part and substituting any other table.

    (3) Table 1 of Part 1 of Schedule 3 is amended by inserting the items set out in Schedule 2 of these regulations in their appropriate alphabetical order.

    (4) Part 1 of Schedule 3 is amended by adding the table 20 set out in Schedule 3 of these regulations.

15 Part 2 of Schedule 3 amended
  • Part 2 of Schedule 3 is amended by inserting the items set out in Schedule 4 of these regulations in their appropriate alphabetical order.

16 Part 3 of Schedule 3 amended
  • Part 3 of Schedule 3 is amended by adding the item set out in Schedule 5 of these regulations.

17 Part 6 of Schedule 3 amended
  • Part 6 of Schedule 3 is amended by adding the item set out in Schedule 6 of these regulations.


Schedule 1
New form 5B inserted in Schedule 2

Form 5B
Netting Catch Effort Landing Return Form

.
.

Schedule 2
New items inserted in table 1 of Part 1 of Schedule 3

r 14(3)

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in any other tableFishstock code to be used (species/area)
Deepwater clam1 PZL1
 2 PZL2
 3 PZL3
 4 PZL4
 5, 6 PZL5
 7 PZL7
 8 PZL8
 9 PZL9
Knobbed whelk1 KWH1
 2 KWH2
 3 KWH3
 4 KWH4
 5 KWH5
 6 KWH6
  7AKWH7A
  7BKWH7B
 8 KWH8
 9 KWH9

Schedule 3
New table 20 added to Part 1 of Schedule 3

r 14(4)

Table 20Knobbed whelk reference numbers for purposes of table 1
The areas referred to by name in this table are the quota management areas described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2005.
Area nameArea reference number used in fishstock code
Nelson/Marlborough7A
West Coast7B

Schedule 4
New items inserted in Part 2 of Schedule 3

r 15

Common nameSpecies codeScientific name
Deepwater clamPZLPanopea zelandica
Knobbed whelkKWHAustrofitsus glans

Schedule 5
New item added to Part 3 of Schedule 3

r 16

Sole or principal landed stateCorresponding landed state code
Wings (rays and skates)WRS

Schedule 6
New item added to Part 6 of Schedule 3

r 17

DestinationDestination type code
Fish of the species or classes subject to the quota management system established under Part 4 of the Act that are—X
(a)listed in Schedule 6 of the Act; and 
(b)not listed in Part 6A of this schedule; and 
(c)returned to the water in accordance with the requirements set out for the relevant species or class of fish in Schedule 6 of the Act 

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 2006, amend the Fisheries (Reporting) Regulations 2001. The amendments—

  • provide that a sole or principal landed state that is not defined in the regulations, but is defined in a conversion factors notice, has the same meaning as in the notice:

  • add a new type of return (a netting catch effort landing return), which must be provided by a permit holder taking fish by set netting, inshore drift netting, or pair set netting from a vessel that is 6 metres or more in length, or for which the chief executive has required such returns:

  • add a new destination type code for fish under the quota management system that are listed in Schedule 6 of the Fisheries Act 1996 (other than spiny dogfish) and are returned to the water in accordance with the requirements set out in that schedule, and exempt those fish from having to be recorded on a monthly harvest return:

  • replace a specific reference to the Fisheries (Conversion Factors) Notice 2000 with a generic reference to a conversion factors notice given under section 188(1) of the Fisheries Act 1996:

  • add fishstock codes for species newly introduced into the quota management system: deepwater clam and knobbed whelk:

  • add a new landed state code for rays and skates that are landed as wings.


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

Date of notification in Gazette: 31 August 2006.