Fisheries (Import Prohibition—Southern Bluefin Tuna) Regulations 2019

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2019/208

Coat of Arms of New Zealand

Fisheries (Import Prohibition—Southern Bluefin Tuna) Regulations 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 26th day of August 2019

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 297(1)(n) and (o) of the Fisheries Act 1996 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Fisheries (Import Prohibition—Southern Bluefin Tuna) Regulations 2019.

2 Commencement

These regulations come into force on 1 October 2019.

3 Interpretation

In these regulations, unless the context otherwise requires,—

catch monitoring form means a southern bluefin tuna catch monitoring form issued in accordance with the Resolution

Commission means the Commission for the Conservation of Southern Bluefin Tuna established under the Convention

Convention means the Convention for the Conservation of Southern Bluefin Tuna that was opened for signature at Canberra on 10 May 1993

meat, in relation to southern bluefin tuna, means its flesh and does not include its head, eyes, roe, fins, gills, gill covers, guts, or tail

importation has the meaning given in section 5(1) of the Customs and Excise Act 2018

re-export/export after landing of domestic product form means the re-export/export after landing of domestic product form issued by the Commission in accordance with the Resolution

Resolution means the Resolution on the Implementation of a CCSBT Catch Documentation Scheme that was adopted in October 2009 and entered into force on 1 January 2010, as amended from time to time

southern bluefin tuna

(a)

means any living or dead fish of the species Thunnus maccoyii; and

(b)

includes any meat or other part of the fish whether raw or in any way processed or preserved.

4 Importation of southern bluefin tuna prohibited

The importation of southern bluefin tuna is prohibited unless the tuna—

(a)

is accompanied by an appropriately completed and validated—

(i)

catch monitoring form; or

(ii)

re-export/export after landing of domestic product form; or

(b)

weighs less than 10 kilograms and is not intended for sale; or

(c)

does not include any meat.

5 Offence

A person who does not comply with regulation 4 commits an offence and is liable on conviction to a fine not exceeding $100,000.

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 2019, prohibit the importation of southern bluefin tuna, with some exceptions. The prohibition is to give effect to New Zealand’s obligations as a party to the Convention for the Conservation of Southern Bluefin Tuna.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 29 August 2019.

These regulations are administered by the Ministry for Primary Industries..