In clause 2, replace “This Act comes into force on 1 November 2022.” (page 3, line 2) with “This Act, other than the provisions specified in subsections (2) to (4), comes into force on 1 November 2022.”

In clause 2 (page 3, before line 3), insert as subclauses (2) to (4):

(2)

Section 30A and Schedule 2A come into force on 28 November 2022.

(3)

Part 1 of Schedule 3 comes into force on 29 November 2022.

(4)

The following provisions come into force at the close of 30 September 2023:

(a)

section 4(1A):

(b)

section 26A:

(c)

section 27 and Schedule 1 (to the extent that they relate to clause 3A of Schedule 1AA).

Clause 4

After clause 4(1) (page 3, after line 16), insert:

(1A)

In section 2(1), definition of fishing year, replace paragraph (a) with:

(a)

in relation to green-lipped mussel in quota management area 9, rock lobster, southern scallops, Northland scallops, southern blue whiting, or any stock declared under a notice made under section 18 to have a fishing year commencing on 1 April in any year, a period of 12 months commencing on each 1 April:

New clause 26A

After clause 26 (page 18, after line 9), insert:

26A Section 369S amended (Green-lipped mussel in quota management area 9 subject to quota management system)

In section 369S(2), replace “1 October” with “1 April”.

New clause 30A

After clause 30 (page 18, after line 21), insert:

30A Fisheries (Amateur Fishing) Regulations 2013 amended

Amend the Fisheries (Amateur Fishing) Regulations 2013 as set out in Schedule 2A.

Schedule 1

In Schedule 1, new Part 3 of Schedule 1AA, after subpart 1 (page 19, after line 12), insert:

Subpart 1A—Fishing year for green-lipped mussel in quota management area 9

3A 2023–24 fishing year for green-lipped mussel in quota management area 9

Despite the definition of fishing year in section 2(1), and section 369S(2), the fishing year for green-lipped mussel in quota management area 9 for 2023–24 is the 6-month period commencing on 1 October 2023 and ending at the close of 31 March 2024.

In Schedule 1, new Part 3 of Schedule 1AA, replace clause 4(2) (page 19, lines 16 to 19) with:

(2)

The daily amounts, daily limits, accumulation limits, and minimum sizes specified in the regulations immediately before 29 November 2022 continue to apply until corresponding limits or sizes are enacted and brought into force by an instrument made by the Minister under the regulations.

New Schedule 2A

After Schedule 2 (page 27, after line 23), insert:

Schedule 2A Amendments to Fisheries (Amateur Fishing) Regulations 2013

s 30A

New regulation 16A

After regulation 16, insert:

16A Accumulation limits for hapuku/bass in Auckland (East) FMA and Auckland (West) FMA, Central FMA, and Challenger FMA

(1)

This regulation applies to a person if the person has, in the Auckland (East) FMA and Auckland (West) FMA, the Central FMA, or the Challenger FMA,—

(a)

accumulated hapuku/bass over a period of more than 1 day; and

(b)

exceeded the daily limit specified for hapuku/bass in regulation 59A, Part 3 of Schedule 7, or Part 3 of Schedule 8 (as applicable); and

(c)

established the defence set out in regulation 157(1).

(2)

The person may, on any day, possess 3 hapuku/bass (the accumulation limit for hapuku/bass).

(3)

A person contravenes this subclause if the person, on any day, possesses more than the accumulation limit for hapuku/bass, but not more than 3 times the acccumulation limit.

(4)

A person contravenes this subclause if the person, on any day, possesses more than 3 times the accumulation limit for hapuku/bass.

(5)

A person who contravenes—

(a)

subclause (3) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (4) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

New regulation 59A

After regulation 59, insert:

59A Daily limits for hapuku/bass and kingfish in Auckland (East) FMA and Auckland (West) FMA

(1)

The daily limits for hapuku/bass and kingfish that are set by this regulation apply in the Auckland (East) FMA and the Auckland (West) FMA instead of the combined daily limit for hapuku/bass and kingfish that is set by regulation 55.

(2)

A person must not, on any day,—

(a)

take more than 2 hapuku/bass (the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA) from the Auckland (West) FMA and the Auckland East FMA; or

(b)

possess more than the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA in those areas; or

(c)

possess more than the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA taken from within those areas.

(3)

A person must not, on any day,—

(a)

take more than the total quantity of kingfish specified in Part 3 of Schedule 6 (the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA) from the Auckland (East) FMA and the Auckland (West) FMA; or

(b)

possess more than the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA in those areas; or

(c)

possess more than the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA taken from within those areas.

(4)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA, but not more than 3 times that daily limit.

(5)

A person contravenes this subclause if the person, on any day, takes or possesses more than the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA, but not more than 3 times that daily limit.

(6)

A person contravenes this subclause if the person, on any day, takes or possesses more than 3 times—

(a)

the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA; or

(b)

the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA.

(7)

A person who contravenes—

(a)

subclause (4) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(b)

subclause (5) commits an offence and is liable on conviction to a fine not exceeding $10,000:

(c)

subclause (6) commits a serious non-commercial offence and is liable on conviction to a fine not exceeding $20,000.

Regulation 78

Revoke regulation 78(2).

In regulation 78(4), delete “, the combined daily limit for hapuku/bass and kingfish,”.

Revoke regulation 78(5)(b).

Regulation 92

Revoke regulation 92(2).

In regulation 92(4), delete “, the combined daily limit for hapuku/bass and kingfish,”.

Revoke 92(5)(b).

Schedule 7

Revoke Part 2 of Schedule 7.

In Schedule 7, Part 3, after the item relating to bluenose, insert:

Hapuku/bass

Schedule 8

Revoke Part 2 of Schedule 8.

In Schedule 8, Part 3, after the item relating to bluenose, insert:

Hapuku/bass

Schedule 19

In Schedule 19, Part 1, after the second item relating to regulation 16(3), insert:

r 16A(3)

Possessing more than the accumulation limit for hapuku/bass, but not more than 2 times that accumulation limit

250

r 16A(3)

Possessing more than 2 times the accumulation limit for hapuku/bass, but not more than 3 times that accumulation limit

500

In Schedule 19, Part 2, after the second item relating to regulation 59(4), insert:

r 59A(4)

Taking or possessing more than the daily limit for hapuku/bass from or in Auckland (West) FMA and Auckland (East) FMA, but not more than 2 times that daily limit

250

r 59A(4)

Taking or possessing more than 2 times the daily limit for hapuku/bass from or in Auckland (West) FMA and Auckland (East) FMA, but not more than 3 times that daily limit

500

r 59A(5)

Taking or possessing more than the daily limit for kingfish from or in Auckland (West) FMA and Auckland (East) FMA, but not more than 2 times that daily limit

250

r 59A(5)

Taking or possessing more than 2 times the daily limit for kingfish from or in Auckland (West) FMA and Auckland (East) FMA, but not more than 3 times that daily limit

500

In Schedule 19, Part 3, revoke the third and fourth items relating to regulation 78(4).

In Schedule 19, Part 4, revoke the third and fourth items relating to regulation 92(4).

Schedule 3

In Schedule 3, Part 1, after the item relating to regulation 16 (page 30, after line 4), insert:

Regulation 16A

Replace regulation 16A(1) and (2) with:

(1)

This regulation applies to a person if the person has, in the Auckland (East) FMA and Auckland (West) FMA, the Central FMA, or the Challenger FMA,—

(a)

accumulated hapuku/bass over a period of more than 1 day; and

(b)

exceeded the daily limit specified for hapuku/bass in an instrument made by the Minister; and

(c)

established the defence set out in regulation 157(1).

(2)

The person may, on any day, possess the accumulation limit for hapuku/bass specified in an instrument made by the Minister for the Auckland (East) FMA and Auckland (West) FMA, the Central FMA, and the Challenger FMA (the accumulation limit for hapuku/bass).

In Schedule 3, Part 1, after the item relating to regulation 59(3)(a) (page 33, after line 11), insert:

Regulation 59A

Replace regulation 59A(2)(a) with:

(a)

take from the Auckland (West) FMA and the Auckland East FMA more than the daily limit for hapuku/bass specifed in an instrument made by the Minister (the daily limit for hapuku/bass for the Auckland (East) FMA and the Auckland (West) FMA); or

Replace regulation 59A(3)(a) with:

(a)

take from the Auckland (East) FMA and the Auckland (West) FMA more than the daily limit for kingfish specifed in an instrument made by the Minister (the daily limit for kingfish for the Auckland (East) FMA and the Auckland (West) FMA); or

In Schedule 3, Part 1, delete the item relating to regulation 78(2)(a) (page 34, lines 16 to 20).

In Schedule 3, Part 1, delete the item relating to regulation 92(2)(a) (page 36, lines 4 to 8).

Explanatory note

This Supplementary Order Paper amends the Fisheries Amendment Bill (the Bill), which amends the Fisheries Act 1996 (the Act) to change the commencement of the fishing year for green-lipped mussel in quota management area 9 from 1 October each year to 1 April. A consequential amendment is made to the definition of fishing year in section 2(1) of the Act. A transitional provision is inserted in Schedule 1AA of the Act to provide for a 6-month fishing year commencing on 1 October 2023. The first fishing year for green-lipped mussel in quota management area 9 to commence on 1 April commences on 1 April 2024.

This Supplementary Order Paper also includes further amendments to the Fisheries (Amateur Fishing) Regulations 2013 (the regulations) to provide additional protection for hapuku/bass fish stocks in the Auckland East and West, the Central, and the Challenger Fisheries Management Areas. The consultation and decision-making processes for these changes were completed in October 2021 and April 2022. Approval to instruct the drafting of the necessary amendments to the regulations was given by Cabinet Committee on 23 June 2022. However, the timing and transitional provisions of the Bill would be likely to result in delay in making the required changes. Including the required changes to the regulations as provided in this Supplementary Order Paper allows the changes to be made and then carried over under the transitional provisions in the Bill that apply to existing sustainability measures.

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Fisheries Amendment Bill - Amendment paper No 252