Customs Import Prohibition (Toothfish) Order 2018

2018/57

Coat of Arms of New Zealand

Customs Import Prohibition (Toothfish) Order 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 9th day of April 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 54 of the Customs and Excise Act 1996

(a)

on the advice and with the consent of the Executive Council; and

(b)

after the precondition in section 54(2) has been met.

Order

1 Title

This order is the Customs Import Prohibition (Toothfish) Order 2018.

2 Commencement

This order comes into force on 11 May 2018.

3 Revocation of this order

This order is revoked at the end of 30 September 2019.

4 Interpretation

In this order,—

catch document means a Dissostichus catch document issued in accordance with the Conservation Measure

Commission means the Commission for the Conservation of Antarctic Marine Living Resources, established under Article VII of the Convention

Conservation Measure means the Conservation Measure 170/XVIII—

(a)

as adopted by the Commission in November 1999; but

(b)

as in force from time to time as readopted, with any amendments or modifications, by the Commission

Convention means the Convention on the Conservation of Antarctic Marine Living Resources that was opened for signature at Canberra on 1 August 1980

export document means a Dissostichus export document issued in accordance with the Conservation Measure

re-export document means a Dissostichus re-export document issued in accordance with the Conservation Measure

toothfish means any living or dead fish, and any flesh or other part of any fish (whether raw, or in any way processed or preserved), of the following species:

(a)

Antarctic toothfish (Dissostichus mawsoni):

(b)

Patagonian toothfish (Dissostichus eleginoides).

5 Certain toothfish imports prohibited

The importation of toothfish is prohibited unless—

(a)

the toothfish is covered by an appropriately completed catch document; and

(b)

if the toothfish has, at any time before the importation, been landed (within the meaning of the Conservation Measure), the toothfish is covered by an appropriately completed export document or, if appropriate, re-export document.

6 Revocation

Michael Webster,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order, which comes into force on 11 May 2018, is made under the Customs and Excise Act 1996. It prohibits the importation of 2 species of toothfish unless—

  • the toothfish is covered by an appropriately completed catch document; and

  • if the toothfish has, at any time before the importation, been landed (within the meaning of the Conservation Measure as defined in this order), the toothfish is covered by an appropriately completed export document or, if appropriate, re-export document.

Those documents are required by the catch documentation scheme for toothfish under Conservation Measure 170/XVIII. That Conservation Measure was adopted by the Commission for the Conservation of Antarctic Marine Living Resources in 1999, under Article IX of the Convention on the Conservation of Antarctic Marine Living Resources (sometimes called CCAMLR). The Conservation Measure is from time to time carried forward, with any amendments or modifications, by the Commission (as, for example, in Conservation Measure 10-05 (2017)).

The Fisheries (Toothfish Catch Documentation Scheme) Regulations 2000 also give effect to the Conservation Measure.

This order continues the prohibition in the Customs Import Prohibition (Toothfish) Order 2015, and revokes that order.

This order is a confirmable instrument under section 47B of the Legislation Act 2012. It is revoked at the close of 30 June 2019 under section 47C(1)(a) of that Act, unless earlier confirmed by an Act of Parliament. If the order is confirmed, it will be revoked at the end of 30 September 2019 (see clause 3). Revocation on 30 September 2019 aligns with the expiry of the Customs Import Prohibition (Southern Bluefin Tuna) Order 2016. Aligning the revocation and expiry dates will allow for consideration of whether both prohibitions should be re-implemented through regulations made under the Fisheries Act 1996, rather than the current mechanism of Orders in Council under the Customs and Excise Act 1996.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 12 April 2018.

This order is administered by the New Zealand Customs Service.