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 2009, amend the Fisheries (Commercial Fishing) Regulations 2001 to extend the means by which the chief executive is able to ensure that better measures are taken to avoid or mitigate the effect of fishing-related seabird mortality.
To achieve this extension, the regulations replace the definition of seabird scaring device with the defined term seabird mitigation measure, which encompasses measures as well as devices authorised or required for the purpose of avoiding or mitigating fishing-related seabird mortality. The regulations empower the chief executive to issue circulars authorising or requiring, in respect of a specified vessel or class of vessel, that any specified seabird mitigation measure be used that is reasonably necessary to avoid or mitigate the effect of fishing-related seabird mortality.
The responsibility for compliance with requirements under these provisions rests with the operator or master of a vessel. An offence in relation to new regulation 58B(1) attracts a penalty on summary conviction of a fine not exceeding $100,000; and an offence in relation to new regulation 58B(2) and (3) attracts a penalty on summary conviction of a fine not exceeding $20,000 (unless the circumstances set out in regulation 85(3) apply).
Date of notification in Gazette: 27 August 2009.
These regulations are administered by the Ministry of Fisheries.