(1) In this Act, unless the context otherwise requires,—
annual allowable catch, in relation to scallops in the Southern Scallop Fishery, means the annual allowable catch specified in Part 3 of Schedule 1D
aquatic life, in relation to New Zealand fisheries waters, means any species of plant or animal life (except birds) which, at any time of the life history of the species, must inhabit water; and includes any part of such plant or animal
area within the jurisdiction of the local Fish and Game Council means the district administered by a Fish and Game Council or, where there is no Fish and Game Council, a district administered by the Department of Conservation
Authority means the Fisheries Authority established under section 13(1)
beach cast seaweed means seaweed of any species that is unattached and cast ashore
boat authority means a licence, approved by the Authority, which sets out those particulars of a controlled fishery licence that apply to a particular fishing vessel used by the person holding the licence
commercial fisherman means any person who has a fishing permit issued under section 63 entitling the person to take any species or class of fish, aquatic life, or seaweed
commercial fishing means taking fish for sale within New Zealand or New Zealand fisheries waters
Commission means the Treaty of Waitangi Fisheries Commission established by section 4 of the Maori Fisheries Act 1989
controlled fish means any fish in respect of which a fishery has been declared to be a controlled fishery under this Act
controlled fishery means a fishery which the Governor-General, by Order in Council, has declared to be a controlled fishery; and includes all persons and vessels engaged in fishing a controlled fishery
Director-General means the responsible chief executive
dredge oyster means the mollusc known as Tiostrea chilensis
exclusive economic zone means the exclusive economic zone of New Zealand as defined by section 9 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
fish includes all species of finfish of the classes Agnatha, Chondrichthyes, and Osteichthyes, and all shellfish, at all stages of the life history of such finfish and shellfish; and includes any part thereof
Fish and Game Council means a Fish and Game Council established under section 26P of the Conservation Act 1987
fishery means 1 or more stocks or parts of stocks or 1 or more species of fish, aquatic life, or seaweed that can be treated as a unit for the purposes of conservation or management
fishery management area means any area so declared pursuant to section 5
fishery officer means any officer specified as such in section 76
fishery resource means any fishery, or any stock, species, habitat, or location of fish, aquatic life, or seaweed
fishing means the catching, taking, or harvesting of fish, aquatic life, or seaweed; and includes any other activity which may reasonably be expected to result in the catching, taking, or harvesting of fish, aquatic life, or seaweed; and also includes any operation in support of or in preparation for any activities described in this definition
Fishing Industry Board means the New Zealand Fishing Industry Board established under the Fishing Industry Board Act 1963
fishing permit means a permit issued pursuant to section 63
fishing unit, in relation to a controlled fishery licence, means the vessel or vessels used by the licence holder in carrying out the business of fishing together with all gear and equipment used in association with that business; and includes any employee of the licence holder engaged in that business
fishing vessel includes every description of vessel, aircraft, hovercraft, or other thing, of whatever size, that is capable of being used in fishing
fishing year means,—
(a) in relation to rock lobster and southern blue whiting, and in relation to scallops in the Southern Scallop Fishery and in the Northland scallop fishery (as defined in the Fisheries Act 1996), a period of 12 months commencing on each 1 April; and
foreign fishing craft means any fishing vessel that is not a New Zealand fishing vessel
foreign owned New Zealand fishing vessel means a New Zealand fishing vessel that cannot be registered without the consent of the Director-General under section 57(8)
Foveaux Strait dredge oyster means any dredge oyster found in the Foveaux Strait dredge oyster fishery
Foveaux Strait dredge oyster fishery means the Foveaux Strait dredge oyster fishery defined in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986
freshwater eel means the species Anguilla australis, Anguilla dieffenbachii, and Anguilla reinhardtii, in all areas in New Zealand fisheries waters
internal waters means all internal waters of New Zealand as defined by section 4 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
lease, in relation to any individual transferable quota or transferable term quota, includes a sublease
licence, in relation to Part 3, means a controlled fishery licence issued under that Part
management plan means a fishery management plan prepared under section 6
marine farming means the activity of breeding, hatching, cultivating, rearing, or ongrowing of fish, aquatic life, or seaweed for harvest; but does not include—
(c) any such activity where the fish, aquatic life, or seaweed being farmed cannot be distinguished, or be kept separate, from naturally occurring fish, aquatic life, or seaweed—
and to farm has a corresponding meaning which includes any operation in support of, or in preparation for, any marine farming
marine farming permit means a permit issued under section 67J
master, in relation to any vessel (whether a fishing vessel or not), means any person for the time being having command or charge of the vessel
meatweight, in relation to scallops, means the weight of scallops remaining when the shell, skirt, and gut have been removed and discarded
Minister means the Minister of Fisheries
Ministry means the responsible Ministry
New Zealand fisheries waters means—
New Zealand fishing vessel means any fishing vessel registered under section 57
optimum, in relation to the maximum sustainable yield from a fishery, means the maximum sustainable yield from that fishery modified, for the purposes of a management plan, by any relevant economic, social, recreational, or ecological factor
owner, in relation to any fishing vessel, includes any body of persons, whether incorporated or not, by which the vessel is owned and except as provided in section 57(9)(c), includes any charterer, sub-charterer, lessee, or sub-lessee of the vessel
PAU 5A or Quota management area PAU 5A—Fiordland, PAU 5B or Quota management area PAU 5B—Stewart Island, or PAU 5D or Quota management area PAU 5D—Southland and Otago means the area having that name and reference number and described in Part 3 of Schedule 1 of the Fisheries Act 1996
paua means a fish of the species Haliotis iris or Haliotis australis; but does not include a fish of the species Haliotis virginea
plan means a fishery management plan made pursuant to Part 1
port has the same meaning as in section 2(1) of the Harbours Act 1950
possession means possession of or control over any fish, or possession of or control over any vessel, vehicle, container, package, thing, or place in or on which the fish are found, either jointly or on one's own account
premises means any land or building; and includes any vessel, aircraft, or hovercraft, or any vehicle or conveyance of any kind whatever
processing includes cutting, shelling, and the use of all methods of manufacture and preservation
public authority includes every local authority and every department or instrument of the Executive Government of New Zealand or local authority; and includes the New Zealand Maori Council and the National Parks and Reserves Authority established under section 17 of the National Parks Act 1980
Quota Appeal Authority means the Quota Appeal Authority established under section 28A
quota management area means any fishery management area or quota management area described in Schedule 1 of the Fisheries Act 1996
quota management system means a quota management system established under Part 2A or Part 2B
Registrar means a Registrar of the Ministry appointed under section 56
sale includes every method of disposition for valuable consideration, including barter; and includes the disposition to an agent for sale on consignment; and also includes offering or attempting to sell, or receiving or having in possession for sale, or exposing for sale, or sending or delivering for sale, or causing or permitting to be sold, offered, or exposed for sale; and also includes disposal by way of raffle, lottery, or other game of chance; and sell and sold have corresponding meanings
scallop means the mollusc Pecten novaezelandiae; but does not include scallop spat
seaweed includes all kinds of algae and sea-grasses that grow in New Zealand fisheries waters below low water, or on tidal lands
shellfish includes all species of the phylum Echinodermata and phylum Mollusca and all species of the class Crustacea at all stages of the life history of all such fish
Southern Scallop Fishery Advisory Committee means the advisory committee established under section 28ZZD
southern scallop season means the season for the time being determined by the Minister under section 28ZM(3); and includes any extension of the season under that provision
spat means any lifecycle stage or size-range of any fish, aquatic life, or seaweed that is declared by the Director-General by notice in the Gazette to be spat for the purposes of this Act
spat catching permit means a permit to take spat issued under section 67Q
taking means fishing; and to take has a corresponding meaning
territorial sea means all waters of the territorial sea of New Zealand as defined by section 3 of the Territorial Sea, Contiguous Zone, and Exclusive Economic Zone Act 1977
tidal lands means such areas of land as are covered and uncovered by the effect of ordinary spring tides
tidal water means such part of the sea or of a river or creek as is within the effect of ordinary spring tides
total allowable catch, with respect to the yield from a fishery, means the amount of fish, aquatic life, or seaweed that will produce from that fishery the maximum sustainable yield, as qualified by any relevant economic or environmental factors, fishing patterns, the interdependence of stocks of fish, and any generally recommended sub-regional or regional or global standards
transferable term quota means quota that confers on the holder the right to take rock lobster at any time in the period of 25 years beginning on 1 April 1990 (being quota that may be transferred as if it were individual transferable quota allocated under Part 2A).
(2) For the purposes of this Act and any regulations made under it, unless the context otherwise requires, the term sale does not include the disposal by public auction of fish taken by amateur fishermen during the course of a fishing competition, if the competition and the auction are carried out in accordance with any conditions imposed by the Director-General, either generally or specifically, and the proceeds from the auction, less only the auctioneer's commission (if any) and similar related expenses, are applied to purposes which are cultural, benevolent, philanthropic, or charitable.
Section 2(1) acclimatisation district: repealed, on 10 April 1990, pursuant to section 3(4) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) acclimatisation society: repealed, on 10 April 1990, by section 129(1) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) acclimatised fish: repealed, on 10 April 1990, by section 129(1) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) annual allowable catch: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) area within the jurisdiction of the local Fish and Game Council: inserted, on 10 April 1990, pursuant to section 3(4) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) area within the jurisdiction of the local Fish and Game Council: amended, on 10 April 1990, pursuant to section 3(3) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) beach cast seaweed: inserted, on 9 September 1999, by section 2 of the Fisheries Act 1983 Amendment Act 1999 (1999 No 102).
Section 2(1) commercial fisherman: substituted, on 1 August 1986, by section 2(1) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) Commission: inserted, on 23 December 1992, by section 22 of the Treaty of Waitangi (Fisheries Claims) Settlement Act 1992 (1992 No 121).
Section 2(1) Director-General: amended, on 1 July 1995, pursuant to section 6(1)(a) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).
Section 2(1) district anglers notice: repealed, on 10 April 1990, by section 129(1) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) dredge oyster: inserted, on 1 April 1988, by section 16 of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
Section 2(1) Environment Court: inserted, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) exclusive economic zone: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) Fish and Game Council: inserted, on 10 April 1990, by section 129(2) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) fishing permit: amended, on 1 August 1986, by section 13(2)(a) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) fishing year: substituted, on 20 December 1989, by section 48(1) of the Maori Fisheries Act 1989 (1989 No 159).
Section 2(1) fishing year paragraph (a): amended, on 23 June 1998, by section 35(1) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
Section 2(1) fishing year paragraph (a): amended, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).
Section 2(1) fishing year paragraph (a): amended, on 1 October 1992, by section 2(2) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) foreign owned New Zealand fishing vessel: inserted, on 1 August 1986, by section 2(3) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) Foveaux Strait dredge oyster: inserted, on 1 April 1998, by section 16 of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
Section 2(1) Foveaux Strait dredge oyster fishery: inserted, on 1 April 1998, by section 16 of the Fisheries (Fouveaux Strait Dredge Oyster Fishery) Amendment Act 1998 (1998 No 6).
Section 2(1) freshwater eel: inserted, on 9 September 1999, by section 2 of the Fisheries Act 1983 Amendment Act (No 2) 1999 (1999 No 105).
Section 2(1) internal waters: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) lease: substituted, on 1 April 1990, by section 2(1) of the Fisheries Amendment Act 1990 (1990 No 29).
Section 2(1) marine farming: inserted, on 7 July 1993, by section 2(1) of the Fisheries Amendment Act 1993 (1993 No 67).
Section 2(1) marine farming permit: inserted, on 7 July 1993, by section 2(1) of the Fisheries Amendment Act 1993 (1993 No 67).
Section 2(1) meatweight: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) Ministry: amended, on 1 July 1995, pursuant to section 6(1)(b) of the Ministry of Agriculture and Fisheries (Restructuring) Act 1995 (1995 No 31).
Section 2(1) owner: amended, on 1 August 1986, by section 2(5) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) PAU 5A: substituted, on 23 June 1998, by section 35(2) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
Section 2(1) paua: inserted, on 1 October 1995, by section 2 of the Fisheries Amendment Act 1995 (1995 No 51).
Section 2(1) Planning Tribunal: repealed, on 2 September 1996, pursuant to section 6(2)(a) of the Resource Management Amendment Act 1996 (1996 No 160).
Section 2(1) Quota Appeal Authority: inserted, on 1 August 1986, by section 2(6) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) quota management area: substituted, on 23 June 1998, by section 35(3) of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).
Section 2(1) quota management system: inserted, on 1 August 1986, by section 2(6) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) quota management system: amended, on 1 October 1992, by section 2(4) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) Registrar: amended, on 1 August 1986, by section 13(2)(b) of the Fisheries Amendment Act 1986 (1986 No 34).
Section 2(1) rock lobster: inserted, on 20 December 1989, by section 48(3) of the Maori Fisheries Act 1989 (1989 No 159).
Section 2(1) scallop: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) scallop spat: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) Southern Scallop Fishery: substituted, on 1 October 1996, by section 316(1) of the Fisheries Act 1996 (1996 No 88).
Section 2(1) Southern Scallop Fishery Advisory Committee: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) southern scallop season: inserted, on 1 October 1992, by section 2(1) of the Fisheries Amendment Act (No 2) 1992 (1992 No 90).
Section 2(1) spat: inserted, on 7 July 1993, by section 2(2) of the Fisheries Amendment Act 1993 (1993 No 67).
Section 2(1) spat catching permit: inserted, on 7 July 1993, by section 2(2) of the Fisheries Amendment Act 1993 (1993 No 67).
Section 2(1) sports fish: inserted, on 10 April 1990, by section 129(3) of the Conservation Law Reform Act 1990 (1990 No 31).
Section 2(1) territorial sea: amended, on 1 August 1996, pursuant to section 5(4) of the Territorial Sea and Exclusive Economic Zone Amendment Act 1996 (1996 No 74).
Section 2(1) total allowable commercial catch: inserted, on 1 April 1990, by section 2(2) of the Fisheries Amendment Act 1990 (1990 No 29).
Section 2(1) transferable term quota: inserted, on 20 December 1989, by section 48(4) of the Maori Fisheries Act 1989 (1989 No 159).