Fisheries (Reporting) Amendment Regulations 2014

2014/280

Coat of Arms of New Zealand

Fisheries (Reporting) Amendment Regulations 2014

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 18th day of August 2014

Present:
The Right Hon John Key presiding in Council

Pursuant to section 297 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 2014.

2 Commencement
  • These regulations come into force on 1 October 2014.

3 Principal regulations
4 Regulation 3 amended (Interpretation)
  • (1) In regulation 3(1), revoke the definitions of dried fins, dried shark fins by-product, wet fins, and wet shark fins by-product.

    (2) In regulation 3(1), replace the definition of shark fins with:

    shark fins, in relation to any species of shark, means all primary fins associated with that shark.

    (3) In regulation 3(1), insert in their appropriate alphabetical order:

    artificially attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

    naturally attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

    shark fins attached means,—

    • (a) in relation to blue shark, the state in which the trunk is processed to the dressed state and the fins are artificially attached:

    • (b) in relation to any other species of shark, the state in which the trunk is processed to the headed and gutted state and the fins are naturally attached.

5 Schedule 3, Part 3 amended
  • (1) In Schedule 3, Part 3, revoke the items relating to Fins, Dried fins, and Wet fins.

    (2) In Schedule 3, Part 3, after the item relating to Shucked and shelled, insert:

    Shark fins attachedSFA
6 Schedule 3, Part 4 amended
  • In Schedule 3, Part 4, revoke the items relating to Wet shark fins by-product and Dried shark fins by-product.

7 Schedule 3, Part 6 amended
  • (1) In Schedule 3, Part 6, item relating to destination type code X, paragraph (b), insert or Part 6B after Part 6A.

    (2) In Schedule 3, Part 6, after the item relating to destination type code X, insert:

    Fish of the species or classes subject to the quota management system established under Part 4 of the Act that are listed in Part 6B of this schedule and are returned to the water dead or near-dead in accordance with the requirements set out for the relevant species or class of fish in Schedule 6 of the Act Z
8 Schedule 3, new Part 6B inserted
  • In Schedule 3, after Part 6A, insert the Part 6B set out in the Schedule of these regulations.


Schedule
New Part 6B of Schedule 3 inserted

r 8

Part 6B
Species and status of fish returned to the sea for which destination type code Z must be used

Common nameScientific nameStatus of fish
Blue sharkPrionace glaucaDead or near-dead
Mako sharkIsurus oxyrinchusDead or near-dead
Porbeagle sharkLamna nasusDead or near-dead

Michael Webster, 
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 2014, consequentially amend the Fisheries (Reporting) Regulations 2001 (the principal regulations) to reflect—

Regulation 4 amends regulation 3(1), which defines terms. The amendments omit redundant definitions and insert new definitions of shark fins and shark fins attached (and related definitions) for the purposes of the changes to Schedule 3 of the principal regulations.

Regulation 5 amends Part 3 of Schedule 3, which specifies landed state codes for the sole or principal landed state of a species, to delete the landed state codes for Fins, Dried fins, and Wet fins. These codes are redundant because fishers are no longer able to land shark fins separate from the body of the shark because of the shark finning ban.

Regulation 6 amends Part 4 of Schedule 3, which specifies landed state codes for additional landed states of a species. The amendments delete the landed state codes for Wet shark fins by-product and Dried shark fins by-product that are also redundant because of the shark finning ban.

Regulation 7 amends Part 6 of Schedule 3, which specifies destination type codes that must be used by fishers on their returns made under the principal regulations. The amendment inserts a new destination type code Z into Part 6 that must be used on a return when certain species and status of fish are returned to the sea.

Regulation 8 inserts new Part 6B into Schedule 3. New Part 6B specifies the species and status of fish for which new destination type code Z must be used. The species are blue shark, mako shark, and porbeagle shark, which are allowed to be returned to the sea dead or near-dead under related changes made to the Fisheries Act 1996 by the Fisheries (Schedule 6) Order 2014.

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—


Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 August 2014.

These regulations are administered by the Ministry for Primary Industries.