Fisheries (Reporting) Amendment Regulations 2014

  • revoked
  • Fisheries (Reporting) Amendment Regulations 2014: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Reprint as at 1 October 2017

Coat of Arms of New Zealand

Fisheries (Reporting) Amendment Regulations 2014

(LI 2014/280)

Fisheries (Reporting) Amendment Regulations 2014: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 18th day of August 2014

Present:
The Right Hon John Key presiding in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

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

These regulations amend the Fisheries (Reporting) Regulations 2001 (the 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 ActZ
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.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 21 August 2014.

Reprints notes
1 General

This is a reprint of the Fisheries (Reporting) Amendment Regulations 2014 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 52