Reprint as at 1 October 2017
(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).
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)
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”.
“the principal regulations”
These regulations come into force on 1 October 2004.
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.
Regulation 7(1) of the principal regulations is amended by adding to paragraph (d) the word “; or” and by adding the following paragraph:
“; or”
is an operator who, being a New Zealand national using a New Zealand ship, takes any highly migratory species that is—
subject to the quota management system outside New Zealand fisheries waters; and
taken outside New Zealand fisheries waters; and
taken for the purpose of sale
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—
the operator was authorised to take the stock in the national fisheries jurisdiction of another State; and
if the other State has a national allocation for the stock taken, the catch was recorded against the other State’s allocation; and
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:
“; and”
in relation to any fish that are—
not subject to the quota management system outside New Zealand fisheries waters; and
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”.
“in table 11”
“, or, in the case of green-lipped mussel and green-lipped mussel spat, in table 17”
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”.
“15”
“18”
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.
Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by inserting, in their appropriate alphabetical order, the following items:
(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:
Notes
Different codes must be used on different reporting forms.
In this table,—
means the catch, effort, and landing returns required to be in form 1 of Schedule 2
means the catch landing returns required to be in form 2 of Schedule 2:
means the freshwater eel catch landing returns required to be in form 9 of Schedule 2:
means the monthly harvest returns required to be in form 3 of Schedule 2.
In this table, the quota management areas are those defined in—
Part III of the First Schedule of the Fisheries Act 1996:
Schedule 1 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2002:
Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.
(7)
Part 1 of Schedule 3 of the principal regulations is amended by adding the following tables:
The areas referred to by name in this table are the quota management areas described in Schedule 13 of the Fisheries Act 1996.
Notes:
means the catch, effort, and landing returns required to be in form 1 of Schedule 2:
Part I of the First Schedule of the Fisheries Act 1996:
Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003
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.
Part 2 of Schedule 3 of the principal regulations is amended by inserting, after the item relating to green-lipped mussel, the following item:
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.
Part 6 of Schedule 3 of the principal regulations is amended by adding the following item:
Schedule 3 of the principal regulations is amended by inserting, after Part 6, the following Part:
Diane Morcom,
Clerk of the Executive Council.
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.
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.
This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.
Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 52
1 SR 2001/188