Part 3 Sustainability measures

11 Sustainability measures

(1)

The Minister may, from time to time, set or vary any sustainability measure for 1 or more stocks or areas, after taking into account—

(a)

any effects of fishing on any stock and the aquatic environment; and

(b)

any existing controls under this Act that apply to the stock or area concerned; and

(c)

the natural variability of the stock concerned.

(2)

Before setting or varying any sustainability measure under subsection (1), the Minister shall have regard to any provisions of—

(a)

any regional policy statement, regional plan, or proposed regional plan under the Resource Management Act 1991; and

(b)

any management strategy or management plan under the Conservation Act 1987; and

(c)

sections 7 and 8 of the Hauraki Gulf Marine Park Act 2000 (for the Hauraki Gulf as defined in that Act); and

(d)

a planning document lodged with the Minister of Fisheries by a customary marine title group under section 91 of the Marine and Coastal Area (Takutai Moana) Act 2011—

that apply to the coastal marine area and are considered by the Minister to be relevant.

(2A)

Before setting or varying any sustainability measure under this Part or making any decision or recommendation under this Act to regulate or control fishing, the Minister must take into account—

(a)

any conservation services or fisheries services; and

(b)

any relevant fisheries plan approved under this Part; and

(c)

any decisions not to require conservation services or fisheries services.

(3)

Without limiting the generality of subsection (1), sustainability measures may relate to—

(a)

the catch limit (including a commercial catch limit) for any stock or, in the case of a quota management stock that is subject to section 13 or section 14, any total allowable catch for that stock:

(b)

the size, sex, or biological state of any fish, aquatic life, or seaweed of any stock that may be taken:

(c)

the areas from which any fish, aquatic life, or seaweed of any stock may be taken:

(d)

the fishing methods by which any fish, aquatic life, or seaweed of any stock may be taken or that may be used in any area:

(e)

the fishing season for any stock, area, fishing method, or fishing vessels.

(4)

The Minister may,—

(a)

by notice in the Gazette, set or vary the catch limit (including the commercial catch limit) for any stock not within the quota management system:

(b)

implement any sustainability measure or the variation of any sustainability measure, as set or varied under subsection (1),—

(i)

by notice; or

(ii)

by recommending the making of regulations under section 298.

(5)

Without limiting subsection (4)(a), when setting or varying a catch limit (including a commercial catch limit) for any stock not within the quota management system, the Minister shall have regard to the matters referred to in section 13(2) or section 21(1) or both those sections, as the case may require.

(6)

A notice under subsection (4)(b)(i) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

Legislation Act 2019 requirements for secondary legislation made under this section
PublicationThe maker must: publish it in the GazetteLA19 ss 73, 74(1)(a), Sch 1 cl 14
The Ministry of Foreign Affairs and Trade considers that the secondary legislation may have international transparency obligations under the CPTPP. As a result the maker may also have to comply with s 75 of the Legislation Act 2019LA19 ss 74(2), 75
PresentationThe Minister must present it to the House of RepresentativesLA19 s 114, Sch 1 cl 32(1)(a)
DisallowanceIt may be disallowed by the House of Representatives LA19 ss 115, 116
This note is not part of the Act.

Section 11(2)(b): amended, on 27 February 2000, by section 12 of the Hauraki Gulf Marine Park Act 2000 (2000 No 1).

Section 11(2)(c): substituted, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 11(2)(ca): inserted, on 28 June 2013, by section 175 of the Exclusive Economic Zone and Continental Shelf (Environmental Effects) Act 2012 (2012 No 72).

Section 11(2)(d): added, on 1 April 2011, by section 128 of the Marine and Coastal Area (Takutai Moana) Act 2011 (2011 No 3).

Section 11(2A): inserted, on 9 September 1999, by section 5(1) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 11(4)(b): substituted, on 9 September 1999, by section 5(2) of the Fisheries Act 1996 Amendment Act 1999 (1999 No 101).

Section 11(4)(b)(i): amended, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).

Section 11(5): amended, on 23 June 1998, by section 3 of the Fisheries (Remedial Issues) Amendment Act 1998 (1998 No 67).

Section 11(6): inserted, on 28 October 2021, by section 3 of the Secondary Legislation Act 2021 (2021 No 7).