Fisheries (Reporting) Amendment Regulations 2018

2018/259

Coat of Arms of New Zealand

Fisheries (Reporting) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of December 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under sections 297 and 304 of the Fisheries Act 1996 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Fisheries (Reporting) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 10 January 2019.

3 Principal regulations

These regulations amend the Fisheries (Reporting) Regulations 2017 (the principal regulations).

4 Regulation 3 amended (Interpretation)

In regulation 3, definition of permit holder, replace paragraph (b) with:

(b)

includes a person—

(i)

who acts as an employee or agent of a person described in paragraph (a); and

(ii)

whose responsibilities include reporting functions under these regulations

5 Regulation 4 amended (Meaning of landing)

In regulation 4(1)(a)(ii), replace “holding container” with “holding pot in the sea”.

6 Regulation 6 amended (Kinds of reports)

Before regulation 6(a), insert:

(aaa)

trip start reports (see regulation 7AAA):

(aaab)

trip end reports (see regulation 7AAAB):

7 New regulations 7AAA and 7AAAB inserted

Before regulation 7, insert:

7AAA Trip start reports

(1)

A permit holder must complete and provide a trip start report to the chief executive immediately after the start of each fishing trip.

(2)

The trip start report must record—

(a)

the date and time that the fishing trip starts; and

(b)

the location of where the fishing trip starts; and

(c)

any additional information specified in a circular.

7AAAB Trip end reports

(1)

A permit holder must complete and provide a trip end report to the chief executive immediately after the end of each fishing trip.

(2)

The trip end report must record—

(a)

the date and time that the fishing trip ends; and

(b)

the location of where the fishing trip ends; and

(c)

any additional information specified in a circular.

8 Regulation 7 amended (Fish catch reports)

(1)

Replace regulation 7(1) with:

(1)

A permit holder must provide a fish catch report to the chief executive each time fishing is carried out under the permit.

(2)

In regulation 7(3)(a), replace “after” with “when”.

(3)

In regulation 7(3)(b), replace “after” with “when”.

(4)

In regulation 7(3)(c), replace “within 4 hours after the fishing ends” with “and complete the report within 8 hours after the fishing ends”.

(5)

Replace regulation 7(3)(d) with:

(d)

provide a fish catch report to the chief executive before the close of the day on which the report must be completed.

9 Regulation 8 amended (Non-fish species or protected fish species catch reports)

(1)

In regulation 8(1), replace “each time” with “if”.

(2)

Replace regulation 8(3) with:

(3)

The permit holder must,—

(a)

if required to complete a fish catch report, complete and provide the report at the same time as the fish catch report; and

(b)

in any other case, complete and provide the report before the close of the day on which the permit holder becomes aware of the non-fish species or protected fish species catch.

10 Regulation 9 amended (Processing reports)

(1)

Replace regulation 9(1)(b) with:

(b)

the vessel—

(i)

is of a size or class specified in a circular; and

(ii)

is on a fishing trip during which fishing operations of a kind specified in a circular have been undertaken.

(2)

In regulation 9(2), after “must”, insert “cover a period of not more than 24 hours and”.

(3)

Replace regulation 9(3) with:

(3)

The permit holder must complete and provide the report to the chief executive before the close of the day after the day covered by the report.

11 Regulation 10 amended (Disposal reports)

(1)

In regulation 10(1), replace “A permit holder must provide a disposal report to the chief executive each time the” with “This regulation applies if a”.

(2)

In regulation 10(1)(b), after “fish in”, insert “, or retrieves fish from,”.

(3)

After regulation 10(1), insert:

(1A)

The permit holder must provide a disposal report to the chief executive in respect of the activities described in subclause (1).

(4)

Replace regulation 10(3) with:

(3)

The permit holder must,—

(a)

if required to complete a fish catch report,—

(i)

complete the disposal report within 8 hours after the fishing ends; and

(ii)

provide the disposal report to the chief executive before the close of the day on which the report must be completed; or

(b)

if required to complete and provide a processing report, complete and provide the disposal report at the same time; or

(c)

in any other case,—

(i)

complete the disposal report within 1 hour after the disposal is finished; and

(ii)

provide the disposal report to the chief executive before the close of the day on which the report must be completed.

12 Regulation 11 amended (Landing reports)

(1)

Replace regulation 11(2)(a) with:

(a)

the types of fish or fish product landed; and

(aa)

the greenweight of the fish or fish product that is conveyed or sold to a licensed fish receiver; and

(2)

Replace regulation 11(3) with:

(3)

The permit holder must—

(a)

record the information referred to in subclause (2)(a), (b), (c), and (d) immediately after the landing is finished; and

(b)

record the information referred to in subclause (2)(aa) (if applicable) not later than 15 days after the landing is finished; and

(c)

provide to the chief executive the information referred to in subclause (2) by the close of the day on which it must be recorded.

13 Cross-heading above regulation 13 revoked

Revoke the cross-heading above regulation 13.

14 Regulation 14 amended (Monthly harvest returns: content and timing requirements)

(1)

Replace regulation 14(3)(a) with:

(a)

fish—

(i)

that is recorded in a disposal report or landing report; and

(ii)

for which the appropriate destination type code is specified in a circular as not to be recorded on a monthly harvest return; or

(2)

15 Regulation 15 amended (Monthly harvest returns must be provided using return books)

In regulation 15, insert as subclause (2):

(2)

This regulation expires and is revoked on 1 December 2019.

16 Regulation 16 amended (Chief executive must supply return books)

After regulation 16(2), insert:

(3)

This regulation expires and is revoked on 1 December 2019.

17 Regulation 17 amended (Return books must be retained)

In regulation 17, insert as subclause (2):

(2)

This regulation expires and is revoked on 1 December 2019.

18 Regulation 18 amended (Chief executive may authorise monthly harvest returns to be sent to different places)

In regulation 18, insert as subclause (2):

(2)

This regulation expires and is revoked on 1 December 2019.

19 Regulation 19 amended (Chief executive may direct that monthly harvest returns be provided electronically)

After regulation 19(5), insert:

(6)

A person who is required to complete and provide a monthly harvest return to the chief executive—

(a)

must do it electronically on or from 1 December 2019; and

(b)

may do it electronically before that date.

20 Regulation 39 revoked (Reports must be retained for 7 years)

21 Regulation 43 amended (Chief executive must be notified of technical failure, etc)

(1)

After regulation 43(a), insert:

(aa)

comply with any directions given by the chief executive under subclause (2); and

(2)

In regulation 43, insert as subclause (2):

(2)

The chief executive may issue to a person to whom regulation 41 applies any directions that the chief executive considers reasonably necessary for the purpose of managing any risks caused by the report not being provided on time.

22 Regulation 47 amended (Circulars)

Replace regulation 47(1)(e) with:

(e)

specifying, for the purposes of regulation 9(1)(b),—

(i)

kinds of fishing operations; and

(ii)

vessels of a size and class:

23 Regulation 48 amended (Offences)

(1)

In regulation 48(a), delete “39,”.

(2)

In regulation 48(f), replace “10(3)(a)” with “10(3)(a) to (c)”.

(3)

In regulation 48(k), replace “26 to 31 and 45(1)(b)” with “7AAA(1), 7AAAB(1), 26 to 31, and 45(1)(b)”.

(4)

After regulation 48(k), insert:

(l)

fails to comply with a direction of the chief executive issued to that person in accordance with regulation 43(2).

24 Schedule 1 amended

(1)

In Schedule 1, heading to clause 4, replace between 16 August 2018 and 31 July 2020 with from 16 August 2018 to 9 January 2019.

(2)

In Schedule 1, clause 4, replace “31 July 2020” with “9 January 2019”.

(3)

In Schedule 1, Part 2 heading, replace 31 July 2020 with 1 December 2019.

(4)

In Schedule 1, clause 50, replace “31 July 2020” with “1 December 2019”.

(5)

In Schedule 1, after Part 2, insert the Part 3 set out in the Schedule of these regulations.

Schedule New Part 3 of Schedule 1 inserted

r 24

Part 3 Provisions relating to these regulations as amended by the Fisheries (Reporting) Amendment Regulations 2018

51 Interpretation

In this Part, unless the context otherwise requires,—

ACE holdings means annual catch entitlement

new reporting requirements means regulations 7 to 50 of the regulations as amended by the Fisheries (Reporting) Amendment Regulations 2018

permit means a fishing permit issued under section 91 of the Act.

52 How new reporting requirements apply to person who holds permit granted before 14 January 2019

A person who holds a permit granted before 14 January 2019—

(a)

must comply with the new reporting requirements on and from the date in column 3 of the table that corresponds to the permit holder’s total ACE holding as at 30 September 2017; and

(b)

must comply with Part 2 of this Schedule before that date; but

(c)

may, on and from the date specified in column 2 of the table, comply with the new reporting requirements instead of Part 2 of this Schedule.

Permit holder’s total ACE holding as at 30 September 2017Permissible dateCompliance date
2,000 tonnes and over14 January 20191 May 2019
180–1,999.99 tonnes1 May 20191 June 2019
45–179.99 tonnes1 June 20191 July 2019
24–44.99 tonnes1 July 20191 August 2019
11–23.99 tonnes1 August 20191 September 2019
4.50–10.99 tonnes1 September 20191 October 2019
1–4.49 tonnes1 October 20191 November 2019
Less than 1 tonne1 November 20191 December 2019
53 New reporting requirements apply to person who is granted permit on and from 14 January 2019

(1)

A person who is granted a permit on and from 14 January 2019 must comply with the new reporting requirements on and from the date that the permit is granted.

(2)

However, if that person held a permit between 1 October 2017 and 14 January 2019,—

(a)

subclause (1) does not apply to the person; and

(b)

the person must instead comply with the new reporting requirements on and from a date determined in accordance with clause 52, except that a person who did not have a total ACE holding as at 30 September 2017 must be treated as if their total ACE holding as at that date was less than 1 tonne.

54 How new reporting requirements affect fishing under multiple permits

(1)

This clause applies if—

(a)

a vessel is used for fishing by a permit holder who is required to comply with the new reporting requirements on and from a date determined in accordance with this Part (the earliest compliance date); and

(b)

that same vessel is used for fishing by 1 or more other permit holders who are required to comply with the new reporting requirements on and from a later date.

(2)

The new reporting requirements apply, on and from the earliest compliance date, to all permit holders who use the vessel to fish.

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 10 January 2019, amend the Fisheries (Reporting) Regulations 2017 (the principal regulations). The amendments to the principal regulations include, among other things,—

  • changing the time frames for the completion and provision of various reports required under the principal regulations:

  • refining matters that must be included in those reports:

  • requiring a permit holder to provide a report to the chief executive of the Ministry for Primary Industries at the start of a fishing trip and another report at the end of the trip:

  • enabling the chief executive to give directions in certain circumstances when a report of a technical failure is not provided in time:

  • making changes to the provisions in the principal regulations relating to offences.

The amendments also provide for the transition of the new reporting requirements under the principal regulations (as amended by these amendment regulations).

The following table is a brief summary of when permit holders must comply with the new reporting requirements, based on their total ACE holdings:

Permit holder’s total ACE holding as at 30 September 2017May start reporting fromMust be reporting from
2,000 tonnes and over14 January 20191 May 2019
180–1,999.99 tonnes1 May 20191 June 2019
45–179.99 tonnes1 June 20191 July 2019
24–44.99 tonnes1 July 20191 August 2019
11–23.99 tonnes1 August 20191 September 2019
4.50–10.99 tonnes1 September 20191 October 2019
1–4.49 tonnes1 October 20191 November 2019
All other permit holders1 November 20191 December 2019

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 December 2018.

These regulations are administered by the Ministry for Primary Industries.