Fisheries (Reporting) Amendment Regulations (No 2) 2009

2009/247

Crest

Fisheries (Reporting) Amendment Regulations (No 2) 2009

Anand Satyanand, Governor-General

Order in Council

At Wellington this 24th day of August 2009

Present:
His Excellency the Governor-General in Council

Pursuant to section 297(1)(h) and (u) 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.

Regulations

1 Title
  • These regulations are the Fisheries (Reporting) Amendment Regulations (No 2) 2009.

2 Commencement
  • These regulations come into force on 1 October 2009.

3 Principal regulations amended
4 New regulation 34 substituted
  • Regulation 34 is revoked and the following regulation substituted:

    34 Duplicate returns must be retained for 7 years
    • (1) A person who is required by these regulations to provide a return must retain in the person's custody, for a period of not less than 7 years after the date of completion of the return,—

      • (a) in the case of a return made in accordance with regulation 30, the duplicate or second copy of the return; or

      • (b) in the case of a return made under Part 4A, a copy of the return.

      (2) Subclause (1) does not apply to the following returns:

      • (a) a monthly harvest return:

      • (b) a monthly harvest return amendment:

      • (c) a licensed fish receiver return:

      • (d) a licensed fish receiver return amendment.

5 Method of entering certain details on return
  • Regulation 36(3) is amended by adding the following paragraph:

    • (d) all paua weights in PAU 4 must be recorded in greenweight kilograms using the appropriate conversion factor set out in any notice given by the chief executive under section 188(1) of the Act to translate the shucked weight to greenweight.

Electronic transmission of returns

6 New Part 4A inserted
  • The following Part is inserted after regulation 41:

    Part 4A
    Electronic transmission of returns

    41A Interpretation
    • In this Part, unless the context otherwise requires,—

      access identifier means an identifier that—

      • (a) is issued to an individual by the chief executive for the purpose of completing and providing returns using electronic software; and

      • (b) uniquely identifies that individual

      authorised user means a person approved by the chief executive under regulation 41C to complete and provide returns using electronic software

      electronic software means software that—

      • (a) is approved by the chief executive under regulation 41N; and

      • (b) must be used by every authorised user for completing and providing returns under this Part.

    41B Application of this Part
    • This Part—

      • (a) applies to all returns approved for electronic transmission by the chief executive under section 296(1) of the Act; but

      • (b) does not limit the application of the other provisions of these regulations to returns completed or provided under this Part, unless otherwise specified in this Part.

    Approval of authorised users

    41C Approval as authorised user
    • (1) A permit holder may apply to the chief executive—

      • (a) for approval as an authorised user; and

      • (b) for any other person to be approved as an authorised user so that the person may act on behalf of the permit holder.

      (2) An application made under subclause (1) must be made in the approved form, accompanied by the prescribed fee (if any).

      (3) The chief executive must give written notice to the permit holder and any person acting as an authorised user on behalf of that permit holder—

      • (a) of the decision on the application; and

      • (b) of the date on and from which the permit holder and any authorised user acting on behalf of the permit holder must complete and provide returns using electronic software.

      (4) Regulation 30(1)(b) to (d) and (2)(b) does not apply to an authorised user completing and providing returns under this Part, except in the circumstances described in regulations 41G(1)(a) and 41J(1)(a).

    41D Obligations on authorised user
    • (1) A permit holder or any authorised user acting on behalf of the permit holder must, from the date specified by notice given under regulation 41C(3), complete and provide all returns for which the permit holder is approved under that regulation, using electronic software.

      (2) A permit holder contravenes this regulation if the permit holder, or an authorised user acting on behalf of the permit holder, fails to complete and provide returns as required by subclause (1) on and from the date specified in the notice given under regulation 41C(3)(b).

    Changes to approvals

    41E Chief executive may direct
    • (1) The chief executive may, by notice in the Gazette, direct a permit holder or class of permit holders to complete and provide returns to the chief executive using electronic software.

      (2) A notice given under subclause (1) must specify the date on and from which the direction applies.

    41F Alternative requirements may be specified
    • (1) The chief executive may, by notice in the Gazette, direct a permit holder or class of permit holders to complete and provide returns using electronic software to the chief executive at intervals, after periods, or on dates that the chief executive determines.

      (2) The chief executive must consult with the Minister before giving notice under subclause (1).

      (3) A permit holder contravenes this regulation if the permit holder, or an authorised user acting on behalf of that permit holder, fails to complete and provide a return in accordance with a direction given under subclause (1).

    41G Failure of electronic software
    • (1) If, because the electronic software fails or for any other reason beyond the control of the authorised user, an authorised user is unable to complete or provide a return using electronic software,—

      • (a) the authorised user must complete and provide a return in accordance with regulation 30; and

      • (b) as soon as practicable, the permit holder on whose behalf the authorised user is acting must notify the chief executive that the authorised user is unable to complete or provide a return using electronic software.

      (2) A permit holder contravenes this regulation if a return is not able to be completed or provided using electronic software unless—

      • (a) the authorised user acting on behalf of the permit holder completes and provides a return in accordance with regulation 30; and

      • (b) the permit holder notifies the chief executive as required by subclause (1)(b).

    41H Chief executive may cancel or vary approval of authorised user
    • (1) The chief executive may, on his or her own initiative, cancel or vary the approval of the following persons as authorised users:

      • (a) a permit holder:

      • (b) an authorised user acting on behalf of a permit holder.

      (2) Before the chief executive may cancel or vary an approval under subclause (1), the chief executive must—

      • (a) give written notice of the proposal to do so to the permit holder or authorised user acting on behalf of the permit holder; and

      • (b) give that person a reasonable opportunity to make submissions to the chief executive on the proposal; and

      • (c) consider any submissions made by the permit holder or any authorised user.

      (3) The chief executive must give notice in writing to the permit holder or authorised user—

      • (a) of the decision; and

      • (b) of the date on which any cancellation or variation of an approval takes effect.

    41I Application by permit holder to cancel or vary approval
    • (1) A permit holder may apply to the chief executive to cancel or vary the approval as an authorised user—

      • (a) of the permit holder; or

      • (b) of an authorised user acting on behalf of that permit holder.

      (2) An application under subclause (1) to vary an approval must be made in the approved form, accompanied by the prescribed fee (if any).

      (3) In the case of an application to cancel or vary the approval of an authorised user acting on behalf of the permit holder, the chief executive must give written notice of the application to the authorised user concerned.

      (4) When the chief executive has determined an application, written notice of the decision and the date on which any cancellation or variation takes effect must be given to—

      • (a) the permit holder; and

      • (b) any authorised user acting on behalf of that permit holder who is the subject of the decision.

    41J Consequences of cancellation or variation of approval
    • (1) A permit holder whose approval as an authorised user is cancelled under regulation 41H or 41I—

      • (a) must comply with the requirements of regulation 30(1)(b) to (d) and (2)(b); and

      • (b) contravenes this regulation if the permit holder—

        • (i) purports to complete or provide a return by electronic software on or after the date specified in the notice; or

        • (ii) fails to comply with the requirements of regulation 30(1)(b) to (d) and (2)(b).

      (2) A permit holder whose approval as an authorised user is varied under regulation 41H or 41I contravenes this regulation if the permit holder fails to complete and provide a return using electronic software in accordance with the approval as varied.

    Access identifier

    41K Chief executive to issue access identifiers
    • (1) The chief executive must issue an access identifier to every person approved as an authorised user.

      (2) The access identifier may be in a form or of a kind determined by the chief executive.

      (3) The chief executive may, by written notice to the authorised user, impose conditions for the use and security of the access identifier that apply—

      • (a) to all authorised users generally; or

      • (b) to a particular authorised user.

    41L Use of access identifier
    • (1) The access identifier issued to an authorised user must not be used except by that person.

      (2) If a return is completed and provided using an access identifier issued to an authorised user, the completion or provision of that return is, in the absence of proof to the contrary, sufficient evidence that the authorised user to whom the access identifier was issued has completed and provided that return.

      (3) If an access identifier is used by a person other than by the person to whom it was issued, subclause (2) does not apply provided, before any unauthorised use occurs, the chief executive is notified that the access identifier is no longer secure by—

      • (a) the authorised user to whom it was issued; or

      • (b) the permit holder on whose behalf the authorised user is acting.

    Electronic software

    41M Requirements for electronic software
    • (1) The chief executive may issue circulars setting out the requirements that apply to electronic software.

      (2) Different requirements may be set out for different types of electronic software.

      (3) Without limiting subclauses (1) and (2), a circular may specify the following matters:

      • (a) the organisations authorised to test electronic software:

      • (b) the minimum requirements for the operation of electronic software.

    41N Approval of electronic software
    • (1) Any person may apply to the chief executive to approve electronic software.

      (2) An application must be accompanied by the prescribed fee (if any).

      (3) If the electronic software submitted for approval complies with the requirements set out in the circulars issued under regulation 41M, the chief executive must—

      • (a) approve that software; and

      • (b) notify its approval in the Gazette.

      (4) The chief executive may, by notice in the Gazette, vary or cancel an approval given under this regulation.

7 Offences
  • (1) Regulation 42(b) is amended by—

    • (a) omitting 6(3A) and substituting 6(2), (3A),; and

    • (b) omitting 11A(3), and substituting 11A(2) or (3),; and

    • (c) omitting 12(3), and substituting 12(2) or (3),; and

    • (d) omitting 13(3), and substituting 13(2) or (3),.

    (2) Regulation 42(c) is amended by—

    • (a) omitting 6(2) or (3B), and substituting 6(3B),; and

    • (b) omitting 11(2) or (4), and substituting 11(4),; and

    • (c) omitting 12(2) or (4), and substituting 12(4),; and

    • (d) omitting 13(2) or (4), and substituting 13(4),; and

    • (e) omitting or 40: and substituting 40, 41D(2), 41F(3), 41G(2), or 41J(1) and (2):.

8 Schedule 3 amended
  • Table 1 of Part 1 of Schedule 3 is amended by inserting the item set out in the Schedule of these regulations in its appropriate alphabetical order.


Schedule 
Amendments to table 1 of Part 1 of Schedule 3

r 8

Species or class of fish Quota management area reference number set out in table 2 of this Part Other area reference number set out in any other table of this Part Fishstock code to be used
(species/area)
Redbait 1, 2   RBT 1
  3, 4, 5, 6   RBT 3
  7, 8, 9   RBT 7
  10   RBT 10

Rebecca Kitteridge,
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 2009, amend the Fisheries (Reporting) Regulations 2001 in 4 respects as follows.

Electronic reporting

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.


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

Date of notification in Gazette: 27 August 2009.

These regulations are administered by the Ministry of Fisheries.