Fisheries Act 1996 Amendment Act 2008
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Fisheries Act 1996 Amendment Act 2008
| Public Act | 2008 No 96 |
| Date of assent | 27 September 2008 |
| Commencement | see section 2 |
Contents
The Parliament of New Zealand enacts as follows:
1 Title
This Act is the Fisheries Act 1996 Amendment Act 2008.
2 Commencement
This Act comes into force on the day after the date on which it receives the Royal assent.
3 Principal Act amended
This Act amends the Fisheries Act 1996.
4 Total allowable catch
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(1) Section 13 is amended by inserting the following subsection after subsection (2):
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“(2A) For the purposes of setting a total allowable catch under this section, if the Minister considers that the current level of the stock or the level of the stock that can produce the maximum sustainable yield is not able to be estimated reliably using the best available information, the Minister must—
“(a) not use the absence of, or any uncertainty in, that information as a reason for postponing or failing to set a total allowable catch for the stock; and
“(b) have regard to the interdependence of stocks, the biological characteristics of the stock, and any environmental conditions affecting the stock; and
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“(c) set a total allowable catch—
“(i) using the best available information; and
“(ii) that is not inconsistent with the objective of maintaining the stock at or above, or moving the stock towards or above, a level that can produce the maximum sustainable yield.”
(2) Section 13(3) is amended by omitting
“paragraph (b) or paragraph (c) of subsection (2) of this section”
and substituting“subsection (2)(b) or (c), or (2A) (if applicable)”
.(3) Section 13(4) and (7) are amended by omitting
“subsections (2) and (3)”
and substituting in each case“subsections (2), (2A) (if applicable), and (3)”
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5 Transitional provision relating to consultation
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(1) This section applies to consultation undertaken before the commencement of this Act under section 12 of the principal Act for the purpose of setting or varying a total allowable catch for a quota management stock under section 13 of the principal Act after the commencement of this Act.
(2) The consultation is to be treated as complying with section 12 of the principal Act if, had it been undertaken after the commencement of this Act, it would have complied with section 12 of the principal Act.
Legislative history | |
|---|---|
| 21 July 2008 | Introduction (Bill 240–1) |
| 29 July 2008 | First reading and referral to Primary Production Committee |
| 22 August 2008 | Reported from Primary Production Committee (Bill 240–2) |
| 23 September 2008 | Second reading |
| 23 September 2008 | Reported from committee of the whole House |
| 23 September 2008 | Third reading |
| 27 September 2008 | Royal assent |
This Act is administered by the Ministry of Fisheries.
Versions
Fisheries Act 1996 Amendment Act 2008
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