Fisheries (Reporting) Amendment Regulations 2005

  • revoked
  • Fisheries (Reporting) Amendment Regulations 2005: 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 2005

(SR 2005/188)

Fisheries (Reporting) Amendment Regulations 2005: 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 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 are the Fisheries (Reporting) Amendment Regulations 2005.

(2)

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

2 Commencement

These regulations come into force on 1 October 2005.

3 Lining catch effort returns

Regulation 11A of the principal regulations is amended by inserting, after the word “tuna”, the words “or swordfish”.

4 Tuna longlining catch effort returns

Regulation 13 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

(1)

A permit holder who targets tuna or swordfish, or on whose behalf tuna or swordfish are targeted, by the method of longlining from a vessel (including a foreign fishing vessel) must complete, and provide to the chief executive, tuna longlining catch effort returns for that vessel.

5 Use of codes for certain entries

Regulation 37 of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

(c)

any statistical area in which any fishing method or fishing gear is or was being used to take any species of fish, the person completing the return must enter—

(i)

the appropriate statistical area code determined in accordance with, and by reference to, the maps referred to in regulation 38; or

(ii)

the latitude and longitude of each place where the fish were taken or where fishing commenced; or

(iii)

if the permit holder required to provide the return has been advised in writing by the chief executive to provide this information in a specific manner, the information in accordance with the advice of the chief executive

6 Table 1 of Part 1 of Schedule 3 amended

(1)

Table 1 of Part 1 Schedule 3 of the principal regulations is amended by omitting, from the heading to the third column, the expression “18”, and substituting the expression “19”.

(2)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to cockle, and substituting the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Cockle1ACOC1A
1BCOC1B
1CCOC1C
2COC2
3COC3
3BCOC3B
4COC4
5, 6COC5
7ACOC7A
7BCOC7B
7CCOC7C
8COC8
9COC9

(3)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to dredge oysters:—except Foveaux Strait dredge oysters, and substituting the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Dredge oysters: —except Foveaux Strait dredge oysters1OYS1
2AOYS2A
3OYS3
4OYS4
5AOYS5A
7OYS7
7AOYS7A
7BOYS7B
7COYS7C
8AOYS8A
9OYS9

(4)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to oreo dories, and substituting the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Oreo (includes black, smooth, spiky, and warty oreos)1, 2A, 2B, 5A, 7A, 7B, 8, 9OEO1
3A, 3BOEO 3A
4OEO 4
6OEO 6
10OEO 10

(5)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to pipi, and substituting the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Pipi1APPI1A
1BPPI1B
1CPPI1C
2PPI2
3PPI3
4PPI4
5, 6PPI5
7PPI7
8PPI8
9PPI9

(6)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to scallop, and substituting the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Scallop1SCA1
CSSCACS
1ASCA1A
2ASCA2A
3SCA3
4SCA4
5, 6SCA5
7SCA7
7ASCA7A
7BSCA7B
7CSCA7C
8ASCA8A
9ASCA9A

(7)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by inserting, after the item relating to trevally, the following item:

Species or class of fishQuota management area reference number set out in table 2 of this PartOther area reference number set out in tables 3 to 19 of this PartFishstock code to be used (species/area)
Tuatua1ATUA1A
1BTUA1B
2TUA2
3TUA3
4TUA4
5, 6TUA5
7TUA7
8TUA8
9TUA9
7 Table 2 of Part 1 of Schedule 3 amended

(1)

Note 1 of Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by omitting the words “in Schedule 2 of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986”, and substituting the words “in Schedule 1 of the Act”.

(2)

Note 2 of Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the definition of Part-Southland.

(3)

Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to Part-Southland.

8 New tables 8, 9, 12, and 18 of Part 1 of Schedule 3 substituted

(1)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 8, and substituting the table set out in Schedule 1.

(2)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 9, and substituting the table set out in Schedule 2.

(3)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 12, and substituting the table set out in Schedule 3.

(4)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 18, and substituting the table set out in Schedule 4.

9 New table 19 of Part 1 of Schedule 3 added

Part 1 of Schedule 3 of the principal regulations is amended by adding, as table 19, the table set out in Schedule 5.

10 Part 2 of Schedule 3 amended

(1)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to blue maomao the word “violaceus”, and substituting the word “violacea”.

(2)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to ecklonia the expression “spp.”, and substituting the word “radiata”.

(3)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to gemfish, southern kingfish the word “solandri”, and substituting the expression “spp.”.

(4)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to gracilaria weed the word “secundata”, and substituting the word “chilensis”.

(5)

Part 2 of Schedule 3 of the principal regulations is amended by inserting in the third column of the item relating to Kahawai, after the word “trutta”, the words “, A. xylabion”.

(6)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to kelp, bull, and substituting in the appropriate alphabetical order, the following item:

Common nameSpecies codeScientific name
Bull kelpKBLDurvillea spp.

(7)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to lessonia the expression “spp.”, and substituting the word “variegata”.

(8)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to oreo dories, and substituting the following item:

Common nameSpecies codeScientific name
Oreo
Black*BOEAllocyttus niger
Smooth*SSOPseudocyttus maculates
Spiky*SORNeocyttus rhomboidalis
Warty*WOEAllocyttus verrucosus

(9)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to pilchard the word “neopilchardus”, and substituting the word “sagax”.

(10)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to porae the word “douglasi”, and substituting the word “douglasii”.

(11)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to pterocladia, and substituting, in the appropriate alphabetical order, the following item:

Common nameSpecies codeScientific name
Agar weedPTEPterocladia lucida, P. capillacea

(12)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to rock cod the word “rhacinus”, and substituting the word “rhacina”.

(13)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to rubyfish the word “rubiginosus”, and substituting the word “rubiginosum”.

(14)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to sea cucumber (other than Stichopus mollis) the word “Holuthurian”, and substituting the words “Holothuroidea (Class)”.

(15)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to sharks and dogfish not otherwise specified, after the word “Selachii”, the word “(Order)”.

(16)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to spinyfin the word “Diretmoides”, and substituting the word “Diretmichthys”.

(17)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to sponges after the word “Porifera”, the word “(Phylum)”.

(18)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to starfish after the word “Ophiuroidea”, the word “(Classes)”.

(19)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to giant stargazer the word “giganteum”, and substituting the expression “spp.”.

(20)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to Tarakihi, and substituting the following item:

Common nameSpecies codeScientific name
TarakihiTARNemadactylus macropterus; Nemadactylus sp. commonly referred to as “King Tarakihi”.

(21)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to wahoo the word “solanderi”, and substituting the word “solandri”.

Schedule 1 New table 8 of Part 1 of Schedule 3 substituted

r 8(1)

Table 8 Scallop reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Coromandel scallop fishery, in regulation 2 of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Northland scallop fishery and the Southern scallop fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for scallops:

(c)

in the case of the Chatham Island scallop fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(d)

in all other cases Schedule 5 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Eastern Bay of Plenty1A
Northland scallop fishery1
Coromandel scallop fisheryCS
Part Central (East)2A
South-East and part Chatham Rise3
Chatham Islands scallop fishery4
Southern scallop fishery7
West Coast7A
North and West of Farewell Spit7B
Clarence Point to West Head, Tory Channel7C
Part Central (Egmont)8A
Part Auckland (West)9A

Schedule 2 New table 9 of Part 1 of Schedule 3 substituted

r 8(2)

Table 9 Oyster reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Foveaux Strait dredge oyster fishery, in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Nelson/Marlborough dredge oyster fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for dredge oysters:

(c)

in all other cases, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Part Central (East)2A
Foveaux Strait dredge oyster fishery5
Non-Foveaux Strait Southland5A
Nelson/Marlborough dredge oyster fishery7
West Coast7A
North and West of Farewell Spit7B
Clarence Point to West Head, Tory Channel7C
Part Central (Egmont)8A

Schedule 3 New table 12 of Part 1 of Schedule 3 substituted

r 8(3)

Table 12 Cockle reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Whangarei Harbour cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(b)

in the case of the Nelson Bays cockle fishery and the Marlborough cockle fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(c)

in the case of the Otago cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(d)

in all other cases, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Whangarei Harbour cockle fishery1A
East Northland1B
Hauraki Gulf and Bay of Plenty1C
Otago3
Part South East (Coast)3B
Nelson Bays cockle fishery7A
Marlborough cockle fishery7B
Part Challenger7C

Schedule 4 New table 18 of Part 1 of Schedule 3 substituted

r 8(4)

Table 18 Pipi reference numbers for the purposes of table 1

The areas referred to by name in this table are the quota management areas defined,—

(a)

in the case of the Whangarei Harbour pipi fishery, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003:

(b)

in all other cases, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
Whangarei Harbour pipi fishery1A
East Northland1B
Hauraki Gulf and Bay of Plenty1C

Schedule 5 New table 19 of Part 1 of Schedule 3 added

r 9

Table 19 Tuatua 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 6 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area nameArea reference number used in fishstock code
East Northland1A
Hauraki Gulf and Bay of Plenty1B

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 2005, amend the Fisheries (Reporting) Regulations 2001 by—

  • amending regulation 11A to clarify that permit holders who target swordfish by the method of surface longlining do not have to complete a lining catch effort return:

  • substituting new regulation 13(1) to clarify that permit holders who target tuna or swordfish by the method of longlining must complete a tuna longlining catch effort return:

  • substituting new regulation 37(c) (which relates to the use of codes for certain entries on returns) to make it clear that a person submitting a return has the choice of entering either the statistical area code or the longitude and latitude of the place in which any fishing method or fishing gear is or was being used to take fish, but that this choice is subject to any direction made by the chief executive:

  • amending, substituting, and adding various tables in Part 1 of Schedule 3 as a result of 5 new species entering the quota management system:

  • amending various items in Part 2 of Schedule 3 for consistency with section 319(3) and Schedule 4C of the Fisheries Act 1996 and to make other minor corrections to the names of certain species listed in the schedule.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 June 2005.

Eprint notes
1 General

This is an eprint of the Fisheries (Reporting) Amendment Regulations 2005 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