Pursuant to sections 67B and 72(7) of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council and on the recommendation of the Minister of Fisheries, makes the following order.

1 Title

2 Commencement

3 Schedule 5A of Fisheries Act 1996 amended

4 Schedule 6 of Fisheries Act 1996 amended

Order

1 Title

This order is the Fisheries (Schedules 5A and 6) Order 2002.

2 Commencement

This order comes into force on the first day of the fishing year that commences after this order is made.

3 Schedule 5A of Fisheries Act 1996 amended

Schedule 5A of the Fisheries Act 1996 is amended by inserting, in their appropriate alphabetical order, the following stocks:

COC1A

COC7A

COC7B

QSC3

4 Schedule 6 of Fisheries Act 1996 amended

Schedule 6 of the Fisheries Act 1996 is amended by inserting, in their appropriate alphabetical order and in the appropriate columns, the following stocks:

Stock	Area	Requirements
Cockle Chione (Austrovenus) stutchburyi	Whangarei Harbour cockle fishery Nelson Bays cockle fishery Marlborough cockle fishery	A commercial fisher may return any cockle to the waters from which it is taken if— (a) the cockle is likely to survive the return; and (b) the return takes place as soon as practicable after the cockle is taken.
Queen scallop (Chlamys delicatula)	All New Zealand fisheries waters	A commercial fisher may return any queen scallop to the waters from which it is taken if— (a) the queen scallop is likely to survive the return; and (b) the return takes place as soon as practicable after the queen scallop is taken.

Stock

Area

Requirements

Cockle Chione (Austrovenus) stutchburyi

Whangarei Harbour cockle fishery

Nelson Bays cockle fishery

Marlborough cockle fishery

A commercial fisher may return any cockle to the waters from which it is taken if—

(a) the cockle is likely to survive the return; and

(b) the return takes place as soon as practicable after the cockle is taken.

Queen scallop (Chlamys delicatula)

All New Zealand fisheries waters

A commercial fisher may return any queen scallop to the waters from which it is taken if—

(a) the queen scallop is likely to survive the return; and

(b) the return takes place as soon as practicable after the queen scallop is taken.

Marie Shroff,
Clerk of the Executive Council.

Explanatory note

This note is not part of the order, but is intended to indicate its general effect.

This order takes effect on 1 October 2002, which is the first day of the fishing year that commences after the order is made.

Clause 3 adds COC1A, COC7A, COC7B, and QSC3 (cockle and queen scallop) to Schedule 5A of the Fisheries Act 1996. The effect of this clause is to exclude these stocks from the underfishing rights accrual regime of section 67A of the Fisheries Act 1996.

Clause 4 adds cockles and queen scallops to Schedule 6, allowing these stocks to be returned to the sea or other waters in accordance with the requirements specified in column 3 of that schedule.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 19 September 2002.

This order is administered by the Ministry of Fisheries.

Fisheries (Schedules 5A and 6) Order 2002