Fisheries (Commercial Fishing) Regulations 2001

71A Approval of trawl nets

(1)

The chief executive may, on application by any person, approve the use of a trawl net (A) if the chief executive is satisfied that—

(a)

A performs at least as well as a specified net in providing for the utilisation of fisheries resources while ensuring sustainability (see regulation 71B); and

(b)

the use of A is consistent with relevant fisheries plans approved under section 11A of the Act.

(2)

In this regulation and regulation 71B, specified net, in relation to an application for a net that is proposed to be used for taking 1 or more particular species in 1 or more areas, means a trawl net that,—

(a)

at the time of the application, may be used for fishing under regulation 71 or under other regulations in force under the Act that relate to commercial fishing in a specified area of New Zealand fisheries waters; and

(b)

the chief executive otherwise considers is appropriate to use for the comparison under subclause (1), having regard to the kinds of net that are commonly used, or are approved for use under this regulation, for taking at least 1 of those species in at least 1 of those areas or in a similar area.

(3)

The approval—

(a)

must be notified on an Internet site maintained by or on behalf of the Ministry; and

(b)

may be given on the terms and conditions that the chief executive thinks fit (for example, relating to the areas in which the net may be used and the species that may be targeted); and

(c)
[Revoked]

(4)

The terms and conditions of an approval may be varied by the chief executive—

(a)

on the application of the person who applied for the approval; or

(b)

at the chief executive’s own initiative if satisfied that the variation is necessary to address a risk to ensuring sustainability that was not known at the time the approval was first given.

(5)

A variation of the terms and conditions of an approval—

(a)

must be notified on an Internet site maintained by or on behalf of the Ministry; and

(b)

takes effect 28 days after it is notified.

(6)

A person who uses a trawl net that has been approved under this regulation must comply with the terms and conditions of its approval (as varied from time to time).

(7)

If a person fails to comply with the terms and conditions of an approval, the approval ceases to have effect in respect of that person.

(8)

See clause 13A of Schedule 2 for the fee that must be paid in relation to an application.

Regulation 71A: inserted, on 1 October 2017, by regulation 7 of the Fisheries (Trawling) Amendment Regulations 2017 (LI 2017/157).

Regulation 71A(3)(c): revoked, on 10 January 2019, by regulation 4(1) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).

Regulation 71A(4): replaced, on 10 January 2019, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).

Regulation 71A(5): replaced, on 10 January 2019, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).

Regulation 71A(6): inserted, on 10 January 2019, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).

Regulation 71A(7): inserted, on 10 January 2019, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).

Regulation 71A(8): inserted, on 10 January 2019, by regulation 4(2) of the Fisheries (Commercial Fishing) Amendment Regulations 2018 (LI 2018/261).