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 (Reporting) Regulations 2001 in 4 respects as follows.
The regulations enable returns to be made and transmitted by electronic software, as envisaged by section 296 of the Act. In particular, new Part 4A—
provides for the chief executive to approve a permit holder as an authorised user who must provide returns under new Part 4A; and
provides for other persons nominated by a permit holder to be approved as authorised persons who will act on behalf of the permit holder to create and transmit returns under new Part 4A; and
includes alternative arrangements that may be made for completing and providing returns if these cannot for any reason be created and transmitted electronically, including arrangements if the electronic software fails; and
provides for the chief executive to—
issue circulars setting out the requirements for electronic software that may be used for reporting electronically under new Part 4A; and
approve electronic software before it may be so used; and
issue a unique identifier to every authorised user.
The regulations make provision for transitional arrangements relating to the introduction of electronic reporting, including the continuing application of the reporting regulations except as otherwise specified.
Chatham Island fishery (PAU4)
The regulations provide for a change in the reporting of commercial paua in the Chatham Island fishery (PAU 4). The greenweight is to be recorded using the conversion factor issued by the chief executive under section 188 of the Act.
Offences and penalties
The regulations also amend the existing offence and penalty provisions by—
reducing the penalty from a high end (maximum fine of $100,000) to low end (maximum fine of $20,000) commercial penalty for certain offences relating to catch land returns, trawl catch, effort and processing returns, squid jigging catch effort returns, and tuna longlining catch effort returns; and
creating an offence for not completing a longlining catch effort return, with a maximum fine of $20,000; and
creating offences in relation to completing and providing returns by electronic transmission under new Part 4A, with a maximum fine of $20,000 in each case.
Redbait fishery: new reporting codes
Table 1 of Part 1 of Schedule 3 is amended by adding 4 new redbait reporting codes for use by commercial fishers when redbait stocks are brought within the quota management system.
Date of notification in Gazette: 27 August 2009.
These regulations are administered by the Ministry of Fisheries.