Fisheries (Reporting) Amendment Regulations (No 2) 2004

  • revoked
  • Fisheries (Reporting) Amendment Regulations (No 2) 2004: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Reprint as at 1 October 2017

Fisheries (Reporting) Amendment Regulations (No 2) 2004

(SR 2004/277)

Fisheries (Reporting) Amendment Regulations (No 2) 2004: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 297(1)(h) of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

(1)

These regulations are the Fisheries (Reporting) Amendment Regulations (No 2) 2004.

(2)

In these regulations, the Fisheries (Reporting) Regulations 20011 are called “the principal regulations”.

2 Commencement

These regulations come into force on 1 October 2004.

3 Interpretation

Regulation 3(1) of the principal regulations is amended by inserting, after the definition of foreign fishing vessel, the following definition:

green-lipped mussel spat means a shellfish of the species Perna canaliculus that is less than 10mm in length.

4 Monthly harvest returns

(1)

Regulation 7(1) of the principal regulations is amended by adding to paragraph (d) the word “; or” and by adding the following paragraph:

(e)

is an operator who, being a New Zealand national using a New Zealand ship, takes any highly migratory species that is—

(i)

subject to the quota management system outside New Zealand fisheries waters; and

(ii)

taken outside New Zealand fisheries waters; and

(iii)

taken for the purpose of sale

(2)

Regulation 7 of the principal regulations is amended by inserting, after subclause (1), the following subclause:

(1A)

Regulation 7(1)(e) does not apply, and no monthly harvest return is required, if the operator proves to the satisfaction of the chief executive that—

(a)

the operator was authorised to take the stock in the national fisheries jurisdiction of another State; and

(b)

if the other State has a national allocation for the stock taken, the catch was recorded against the other State’s allocation; and

(c)

the other State has agreed to comply with all of the conservation and management measures of the competent regional fisheries management organisation for the relevant species.

(3)

Regulation 7(2)(a) of the principal regulations is amended by omitting from subparagraph (ii) the word “; and”, and substituting the word “; or” and by adding the following subparagraph:

(iii)

in relation to any fish that are—

(A)

taken outside New Zealand fisheries waters; and

(B)

not subject to the quota management system outside New Zealand fisheries waters; and

5 Use of codes for certain entries

Regulation 37(a) of the principal regulations is amended by inserting, after the words “in table 11”, the words “, or, in the case of green-lipped mussel and green-lipped mussel spat, in table 17”.

6 Part 1 of Schedule 3 amended

(1)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by omitting, from the heading to the third column, the expression “15”, and substituting the expression “18”.

(2)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by omitting the items relating to kahawai and southern bluefin tuna.

(3)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following items:

Species or class of fishQuota manage ment area refer ence number set out in table 2 of this PartOther area refer ence number set out in tables 3 to 18 of this PartFishstock code to be used(species/area)
Blue shark1, 2, 3, 4, 5, 6, 7, 8,
9, 10BWS1
Kahawai1KAH1
2KAH2
3, 5, 6, 7KAH3
4KAH4
8, 9KAH8
10KAHI0
Lookdown dory1, 2, 7, 8, 9LDO1
3, 4, 5, 6LDO3
10LDO10
Mako shark1, 2, 3, 4, 5, 6, 7, 8,
9, 10MAK1
Moonfish1, 2, 3, 4, 5, 6, 7, 8,
9,10MOO1
Pacific bluefin tuna1, 2, 3, 4, 5, 6, 7, 8,
9, 10TOR1
Parore1PAR1
2, 3, 4, 5, 6, 7, 8PAR2
9PAR9
10PARIO
Pipi1APPI1A
Porae1POR1
2, 8, 9POR2
3, 4, 5, 6, 7POR3
10POR10
Porbeagle shark1, 2, 3, 4, 5, 6, 7, 8,
9, 10POS1
Ray’s bream1, 2, 3, 4, 5, 6, 7, 8,
9, 10RBM1
Red snapper1RSN1
2, 3, 4, 5, 6, 7, 8, 9RSN2
10RSN10
Scampi1SCI1
2SCl2
3SCI3
4ASCI4A
5SCI5
6ASCI6A
6BSCI6B
7SCI7
8SCI8
9SCI9
10SCI10
Southern bluefin tuna1, 2, 3, 4. 5. 6, 7, 8, 9, 10, the high seas, and any other waters outside New Zealand fisheries watersSTN1
Spiny dogfish1, 2SPD1
3SPD3
4SPD4
5, 6SPD5
7SPD7
8, 9SPD8
10SPD10
Swordfish1, 2, 3, 4, 5, 6, 7, 8,
9, 10SWO1

(4)

Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the definitions of, and items relating to, Auckland Islands and Part Sub-Antarctic.

(5)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 4.

(6)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 11, and substituting the following table:

Table 11 Fishstock codes for freshwater eels

Notes

1

Different codes must be used on different reporting forms.

2

In this table,—

CELR

means the catch, effort, and landing returns required to be in form 1 of Schedule 2

CLR

means the catch landing returns required to be in form 2 of Schedule 2:

ECLR

means the freshwater eel catch landing returns required to be in form 9 of Schedule 2:

MHR

means the monthly harvest returns required to be in form 3 of Schedule 2.

3

In this table, the quota management areas are those defined in—

(a)

Part III of the First Schedule of the Fisheries Act 1996:

(b)

Schedule 1 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2002:

(c)

Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.

Species of eelQuota management area nameQuota management areaFishstock code for use in CELR, CLR, and ECLRFishstock code for use in MHR
Long-finned fresh- water eelNelson/MarlboroughANG11LFEI1ANG11
North CanterburyANG12LFE12ANG12
Lake EllesmereANG13LFE13ANG13
South Canterbury/WaitakiANG14LFE14ANG14
Otago/SouthlandANG15LFE15ANG15
West CoastANG16LFEI6ANG16
South-East (Chatham Rise)LFE17LFE17LFE17
Northland/AucklandLFE20LFE20LFE20
Waikato/Poverty BayLFE21LFE21LFE21
Hawke Bay/WellingtonLFE22LFE22LFE22
Taranaki/RangitikeiLFE23LFE23LFE23
Short-finned fresh-water eelNelson/MarlboroughANG11SFE11ANG11
North CanterburyANG12SFE12ANG12
Lake EllesmereANG13SFE13ANG13
South Canter bury/WaitakiANG14SFE14ANG14
Otago/SouthlandANG15SFE15ANG15
West CoastANG16SFE16ANG16
South-East (Chatham Rise)SFE17SFE17SFE17
Northland/AucklandSFE20SFE20SFE20
Waikato/Poverty BaySFE21SFE21SFE21
Hawke Bay/WellingtonSFE22SFE22SFE22
Taranaki/RangitikeiSFE23SFE23SFE23

(7)

Part 1 of Schedule 3 of the principal regulations is amended by adding the following tables:

Table 16 Scampi reference numbers for the purposes of table 1

The areas referred to by name in this table are the quota management areas described in Schedule 13 of the Fisheries Act 1996.

Area nameArea reference number used in fishstock code
South-East Coast and Western Chatham Islands combined3
Chatham Islands East4A
Auckland Islands6A
Part Sub-Antarctic6B

Table 17 Fishstock codes for green-lipped mussel and green-lipped mussel spat

Notes:

1

Different codes must be used on different reporting forms.

2

In this table,—

CELR

means the catch, effort, and landing returns required to be in form 1 of Schedule 2:

CLR

means the catch landing returns required to be in form 2 of Schedule 2:

MHR

means the monthly harvest returns required to be in form 3 of Schedule 2.

3

In this table, the quota management areas are those defined in—

(a)

Part I of the First Schedule of the Fisheries Act 1996:

(b)

Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003

SpeciesQuota management area nameQuota management areaFishstock code for use in CELR and CLRFishstock code for use in MHR
Green-lipped musselAuckland (East)GLM1MSG1GLM1
Central (East)GLM2MSG2GLM2
South-East (Coast), South-East (Chatham Rise), Southland, Sub-AntarcticGLM3MSG3GLM3
Nelson/MarlboroughGLM7AMSG7AGLM7A
West CoastGLM7BMSG7BGLM7B
Central (Egmont)GLM8MSG8GLM8
Auckland (West)GLM9MSG9GLM9
KermadecGLM10MSG10GLM10
Green-lipped mussel (spat)Auckland (East)GLM1MSP1GLM1
Central (East)GLM2MSP2GLM2
South-East (Coast), South-East (Chatham Rise), Southland. Sub-AntarcticGLM3MSP3GLM3
Nelson/MarlboroughGLM7AMSP7AGLM7A
West CoastGLM7BMSP7BGLM7B
Central (Egmont)GLM8MSP8GLM8
Auckland (West)GLM9MSP9GLM9
KermadecGLMIOMSP10GLM10

Table 18 Pipi reference numbers for the purposes of table 1

The area referred to by name in this table is the quota management area described in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.

Area nameArea reference number used in fishstock code
Whangarei Harbour pipi fishery1A
7 Part 2 of Schedule 3 amended

(1)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, after the item relating to green-lipped mussel, the following item:

Common nameSpecies codeScientific name
Green-lipped mussel (spat)***MSPPerna canaliculus

(2)

Part 2 of Schedule 3 of the principal regulations is amended by adding the following footnote:

*** On monthly harvest returns, the code GLM must be used in conjunction with the appropriate quota management area.

8 Part 6 of Schedule 3 amended

Part 6 of Schedule 3 of the principal regulations is amended by adding the following item:

DestinationDestination type code
Fish of the species or classes subject to the quota management system established under Part IV of the Act that are listed in Part 6A of this Schedule and are returned to the waterM
9 New Part 6A of Schedule 3 inserted

Schedule 3 of the principal regulations is amended by inserting, after Part 6, the following Part:

Part 6A Species or classes of fish returned to the sea for which destination type code M must be used

Common nameScientific name
Spiny dogfishSqualus acanthias

Diane Morcom,

Clerk of the Executive Council.

Explanatory note

This note is not part of the regulations, but is intended to indicate their general effect.

These regulations, which come into force on 1 October 2004, amend the Fisheries (Reporting) Regulations 2001 by—

  • inserting a definition for green-lipped mussel spat (regulation 3):

  • including, in regulation 7, a requirement for a monthly harvest return to be completed in respect of the taking of highly migratory species, except where certain conditions are satisfied (regulation 4):

  • adding, to regulation 37(a), a reference to green-lipped mussel and green-lipped mussel spat (regulation 5):

  • inserting, in table 1 of Part 1 of Schedule 3, fishstock codes for species of fish being introduced into the quota management system from 1 October 2004 (regulation 6):

  • making consequential amendments to Schedule 3, to take account of the species of fish being introduced into the quota management system (regulations 7 to 9).

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 2 September 2004.

Eprint notes
1 General

This is an eprint of the Fisheries (Reporting) Amendment Regulations (No 2) 2004 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 52

1 SR 2001/188