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 2014, amend the Fisheries (Commercial Fishing) Regulations 2001 (the principal regulations) to impose a ban on shark finning by commercial fishers in New Zealand fisheries waters in line with a commitment made in the National Plan of Action for the Conservation and Management of Sharks 2013.
Regulation 4 amends regulation 3 of the principal regulations, which defines terms. The amendments insert new definitions of artificially attached, blue shark, naturally attached, shark, shark finning, and wet for the purposes of new regulations 52B and 52C.
Regulation 5 inserts new regulations 52B and 52C into the principal regulations. The new regulations prohibit the landing of the fins of any species of shark unless they are naturally attached to the body of the shark, with 2 exceptions.
The first exception allows commercial fishers to land blue sharks with their fins artificially attached (see new regulation 52B(3)(a)).
The second exception allows commercial fishers to land a shark of any species approved by the chief executive of the Ministry for Primary Industries as being able to be landed with its fins separate from its body if the ratio of the weight of the landed fins to the greenweight of the shark does not exceed the ratio specified by the chief executive by notice in the Gazette. If this exception applies, the fins must be stored in separate receptacles according to species and landed wet (see new regulations 52B(4) and 52C).
Regulation 6 amends regulation 84(3) of the principal regulations, which relates to offences, to refer to new regulation 52B. The effect of the amendment is that a person who undertakes shark finning in contravention of new regulation 52B is liable on conviction (under regulation 85(4) of the principal regulations) to a fine not exceeding $100,000.
Regulatory impact statement
The Ministry for Primary Industries produced a regulatory impact statement on 22 July 2014 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
Date of notification in Gazette: 21 August 2014.
These regulations are administered by the Ministry for Primary Industries.