Fisheries (Reporting) Amendment Regulations 2008

revoked
Fisheries (Reporting) Amendment Regulations 2008: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

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Reprint as at 1 October 2017

Fisheries (Reporting) Amendment Regulations 2008

(SR 2008/28)

Fisheries (Reporting) Amendment Regulations 2008: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Anand Satyanand, Governor-General

Order in Council

At Wellington this 25th day of February 2008

Present:
His Excellency the Governor-General in Council

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.

Note 4 at the end of this reprint provides a list of the amendments incorporated.

These regulations are administered by the Ministry for Primary Industries.

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

Regulations

1 Title

These regulations are the Fisheries (Reporting) Amendment Regulations 2008.

2 Commencement

(1)

Regulations 6, 10, and 14(2) come into force on 1 April 2008.

(2)

The rest of these regulations come into force on 1 October 2008.

3 Principal regulations amended

These regulations amend the Fisheries (Reporting) Regulations 2001.

4 Interpretation

Regulation 3 is amended by inserting the following definitions in their appropriate alphabetical order:

non-fish species means the species listed in Part 2A or 2B of Schedule 3

protected fish species means the species listed in Part 2C of Schedule 3

species means the species set out in Parts 2, 2A, 2B, or 2C of Schedule 3

5 Kinds of returns

Regulation 4 is amended by inserting the following paragraph after paragraph (ed):

(ee)

non-fish and protected species catch return:

6 Catch landing returns

Regulation 6(3) is amended by revoking paragraph (b) and substituting the following paragraph:

(b)

15 days after the last day of the calendar month in which the fishing trip ended for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(ab), (ac), or (c) must be provided.

7 New regulation 11E inserted

The following regulation is inserted after regulation 11D:

11E Non-fish and protected species catch return

(1)

A permit holder who takes non-fish species or protected fish species listed in Parts 2A, 2B, or 2C of Schedule 3, whether alive or dead, or on whose behalf non-fish species or protected fish species are taken, whether alive or dead, must complete and provide to the chief executive non-fish and protected species catch returns.

(2)

The permit holder must—

(a)

complete a return for each fishing trip on which a non-fish species or protected fish species is taken; and

(b)

complete a row of non-fish or protected fish species catch information in section 3 of the return as soon as it becomes evident that a non-fish or protected fish species has been taken; and

(c)

complete, as soon as the first row in section 3 of the non-fish and protected species catch return has been completed,—

(i)

section 4 of the return; and

(ii)

the permit holder and vessel details in section 5 of the return; and

(d)

sign and date the return after all fishing reported on the return has been completed; and

(e)

provide the return to the chief executive no later than the due date for the return that reports the effort during which the non-fish species or protected fish species was taken.

(3)

The permit holder must use the relevant species code listed in Part 2C of Schedule 3 to report protected fish species.

(4)

The permit holder must use the relevant species code listed in Part 2A of Schedule 3 to report non-fish species unless they cannot identify the species, in which case they must use the most appropriate species group code from Part 2B of Schedule 3.

(5)

If a permit holder finds a tag from a marine turtle, the tag number must be reported to the chief executive in the manner specified by the chief executive in relation to the non-fish and protected species catch return.

(6)

A person contravenes this subclause if the person provides a non-fish and protected species catch return after the date it is due, but not more than 1 calendar month after that date.

(7)

A person contravenes this subclause if the person provides or fails to provide a non-fish and protected species catch return more than 1 calendar month after the date it is due.

8 Separate returns required for each vessel or method

Regulation 28 is amended by inserting “11E,” after “11D,”.

9 Return books supplied by chief executive

Regulation 29(2) is amended by adding the following paragraph:

(k)

in the case of return books for non-fish and protected species catch returns, returns in form 13 of Schedule 2.

10 Method of entering certain details on return

Regulation 36(1) is amended by adding the following paragraph:

(i)

container information need not be completed in respect of any returns to the sea properly made in accordance with Schedule 6 of the Fisheries Act 1996.

11 Use of codes for certain entries

Regulation 37 is amended by revoking paragraph (b) and substituting the following paragraph:

(b)

any fish, non-fish, or protected fish species to which the return relates, the person completing the return must enter the appropriate code stated for the species in Part 2, 2A, 2B, or 2C of Schedule 3:

12 Offences

(1)

Regulation 42(b) is amended by inserting “11E(2) or (6),” after “11D(2) or (3),”.

(2)

Regulation 42(c) is amended by inserting “11E(7),” after “11D(4),”.

13 Schedule 2 amended

(1)

Schedule 2 is amended by omitting forms 1, 5, 5A, 6, and 7 and substituting the new forms 1, 5, 5A, 6, and 7 set out in Schedule 1 in their respective numerical order.

(2)

Schedule 2 is amended by adding the form 13 set out in Schedule 1.

14 Schedule 3 amended

(1)

Schedule 3 is amended by inserting the new Parts 2A, 2B, and 2C set out in Schedule 2 after Part 2.

(2)

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

“Crab legs

LEG”.

Schedule 1 Amendments to Schedule 2

r 13

Form 1

Form 5

Form 5A

Form 6

Form 7

Form 13

Schedule 2 New Parts 2A, 2B, and 2C of Schedule 3

r 14(1)

Part 2AIndividual non-fish species

Species code	Group or individual	Type	Common name	Scientific name
XAF	Individual	Birds	Antarctic fulmar	Fulmarus glacialoides
XAP	Individual	Birds	Antarctic petrel	Thalassoica antarctica
XPR	Individual	Birds	Antarctic prion	Pachyptila desolata
XAG	Individual	Birds	Antipodean and Gibson’s albatross	Diomedea antipodensis
XGT	Individual	Birds	Australasian gannet	Morus serrator
XBP	Individual	Birds	Black petrel	Procellaria parkinsoni
XBG	Individual	Birds	Black-backed gull	Larus dominicanus
XFT	Individual	Birds	Black-bellied storm petrel	Fregetta tropica
XPV	Individual	Birds	Broad-billed prion	Pachyptila vittata
XPB	Individual	Birds	Buller’s and Pacific albatross	Thalassarche bulleri
XBS	Individual	Birds	Buller’s shearwater	Puffinus bulleri
XCM	Individual	Birds	Campbell albatross	Thalassarche impavida
XCC	Individual	Birds	Cape petrel	Daption capense
XCI	Individual	Birds	Chatham Island albatross	Thalassarche eremita
XDP	Individual	Birds	Common diving petrel	Pelecanoides urinatrix
XFP	Individual	Birds	Fairy prion	Pachyptila turtur
XFS	Individual	Birds	Flesh-footed shearwater	Puffinus carneipes
XFL	Individual	Birds	Fluttering shearwater	Puffinus gavia
XGF	Individual	Birds	Great-winged petrel	Pterodroma macroptera
XGP	Individual	Birds	Grey petrel	Procellaria cinerea
XGB	Individual	Birds	Grey-backed storm petrel	Garrodia nereis
XGM	Individual	Birds	Grey-headed albatross	Thalassarche chrysostoma
XLM	Individual	Birds	Light-mantled sooty albatross	Phoebetria palpebrata
XLB	Individual	Birds	Little blue penguin	Eudyptula minor
XMB	Individual	Birds	Masked booby	Sula dactylatra fullageri
XNP	Individual	Birds	Northern giant petrel	Macronectes halli
XNR	Individual	Birds	Northern royal albatross	Diomedea sanfordi
XPS	Individual	Birds	Pied shag	Phalacrocorax varius
XRB	Individual	Birds	Red-billed gull	Larus novaehollandiae scopulinus
XSA	Individual	Birds	Salvin’s albatross	Thalassarche salvini
XTS	Individual	Birds	Short-tailed shearwater	Puffinus tenuirostris
XSY	Individual	Birds	Shy albatross	Thalassarche cauta
XSH	Individual	Birds	Sooty shearwater	Puffinus griseus
XSM	Individual	Birds	Southern black-browed albatross	Thalassarche melanophris
XSP	Individual	Birds	Southern giant petrel	Macronectes giganteus
XRA	Individual	Birds	Southern royal albatross	Diomedea epomophora
XPP	Individual	Birds	Spotted shag	Phalacrocorax punctatus
XAS	Individual	Birds	Wandering albatross	Diomedea exulans
XWP	Individual	Birds	Westland petrel	Procellaria westlandica
XWB	Individual	Birds	White-bellied storm petrel	Fregetta grallaria grallaria
XWM	Individual	Birds	White-capped albatross	Thalassarche steadi
XWC	Individual	Birds	White-chinned petrel	Procellaria aequinoctialis
XWF	Individual	Birds	White-faced storm petrel	Pelagodroma marina
XWH	Individual	Birds	White-headed petrel	Pterodroma lessonii
XYP	Individual	Birds	Yellow-eyed penguin	Megadytes antipodes
BDO	Individual	Mammals	Bottlenose dolphin	Tursiops truncatus
CDD	Individual	Mammals	Common dolphin	Delphinus delphis
DDO	Individual	Mammals	Dusky dolphin	Lagenorhynchus obscurus
EPH	Individual	Mammals	Elephant seal	Mirounga leonina
FIW	Individual	Mammals	Fin whale	Balaenoptera physalus
HDO	Individual	Mammals	Hector’s dolphin	Cephalorhynchus hectori
HBW	Individual	Mammals	Humpback whale	Megaptera novaeangliae
LEO	Individual	Mammals	Leopard seal	Hydrurga leptonyx
HDM	Individual	Mammals	Maui’s dolphin	Cephalorhynchus hectori maui
MIW	Individual	Mammals	Minke whale	Balaenoptera acutorostrata
FUR	Individual	Mammals	New Zealand fur seal	Arctocephalus forsteri
HSL	Individual	Mammals	New Zealand sea lion	Phocarctos hookeri
ORC	Individual	Mammals	Orca	Orcinus orca
PIW	Individual	Mammals	Pilot whale	Globicephala melas
SEW	Individual	Mammals	Sei whale	Balaenoptera borealis
SRW	Individual	Mammals	Southern right whale	Eubalaena australis
PHD	Individual	Mammals	Spectacled porpoise	Phocoena dioptrica
BSS	Individual	Reptiles	Banded sea snake	Laticauda colubrina
GNT	Individual	Reptiles	Green turtle	Chelonia mydas
HBT	Individual	Reptiles	Hawksbill turtle	Eretmochelys imbricata
LBT	Individual	Reptiles	Leatherback turtle	Dermochelys coriacea
LHT	Individual	Reptiles	Loggerhead turtle	Caretta caretta
YSS	Individual	Reptiles	Yellow-bellied sea snake	Pelamis platurus

Part 2BNon-fish species groups

Species code	Type	Common name	Scientific name
XAL	Birds	Albatrosses (Unidentified)	Diomedeidae (Family)
XXP	Birds	Petrels, prions, and shearwaters	Hydrobatidae, Procellariidae, and Pelecanoididae (Families)
XLA	Birds	Gulls and terns	Laridae (Family)
XHG	Birds	Shags	Phalacrocoracidae (Family)
XSU	Birds	Boobies and gannets	Sulidae (Family)
XPG	Birds	Penguins	Spheniscidae (Family)
WHT	Mammals	Dolphins and toothed whales	Odontoceti (Suborder)
WHB	Mammals	Baleen whales	Mysticeti (Suborder)
SEA	Mammals	Seals and sealions	Phocidae and Otariidae (Families)
TLE	Reptiles	Marine turtles	Chelonioidea (Superfamily)
SSN	Reptiles	Sea snakes	Hydrophiidae (Family)
CSB	Corals, sponges, and bryozoans	Corals, sponges, and bryozoans	Porifera (Phylum), Bryozoa (Phylum), Alcyonacea (Order), Gorgonacea (Order), Scleractinia (Order), Antipatharia (Order), Stylasteridae (Family)
COU	Corals, sponges, and bryozoans	Coral (Unidentified)	Alcyonacea (Order), Gorgonacea (Order), Scleractinia (Order), Antipatharia (Order), Stylasteridae (Family)
ONG	Corals, sponges, and bryozoans	Sponges	Porifera (Phylum)
COZ	Corals, sponges, and bryozoans	Bryozoan	Bryozoa (Phylum)

Part 2CProtected fish species

Species code	Common name	Scientific name
WPS	White pointer shark	Carcharodon carcharias
SBG	Spotted black grouper	Epinephelus daemelii
COB	Black corals	Antipatharia (Order)
ERR	Red hydrocorals	Errina spp.

Rebecca Kitteridge,
for Clerk of the Executive Council.

Explanatory note

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

Regulations 6, 10, and 14(2), which come into force on 1 April 2008,—

clarify that the reporting requirement of regulation 6(3)(b) applies in respect of lining trip catch effort returns, trawl catch effort returns, and tuna longlining catch effort returns:
amend the requirement under regulation 36 to the effect that container information is not required in respect of fish properly returned to the sea under Schedule 6 of the Fisheries Act 1996:
add a further code to Part 3 of Schedule 3.

Regulations 4, 5, 7 to 9, 11 to 13, and 14(1) come into force on 1 October 2008.

The purpose of these regulations is to enable better information to be collected on incidental catch of non-fish and protected fish species, including seabirds, marine mammals, and coral species, as well as to simplify and streamline the reporting requirements for these species. In order to achieve this, a regulated non-fish and protected species catch return (NFPSCR) will be introduced by these regulations. The new return will—

allow for fishers to report a wider range of incidental catch of aquatic species, eg, corals, in order to measure benthic impacts; and

contribute to the Ministry of Fisheries’ better understanding of the effects of fishing on the aquatic environment through provision of high quality information; and

provide an initial indication of which fisheries may have a problem with incidental catch of non-fish aquatic species; and

require fishers to complete returns in real time, recording the incidental catch on the NFPSCR as soon as practicable after the event; and

provide for fishers to furnish a standardised return that will be simpler and more intuitive to complete; and

ensure that non-fish incidental catch data and catch effort data can be linked.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 28 February 2008.

Reprints notes

1 General

This is a reprint of the Fisheries (Reporting) Amendment Regulations 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 Legal status

Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.

3 Editorial and format changes

Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.

4 Amendments incorporated in this reprint

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

1	Title
2	Commencement
3	Principal regulations amended
4	Interpretation
5	Kinds of returns
6	Catch landing returns
7	New regulation 11E inserted
	11E	Non-fish and protected species catch return
8	Separate returns required for each vessel or method
9	Return books supplied by chief executive
10	Method of entering certain details on return
11	Use of codes for certain entries
12	Offences
13	Schedule 2 amended
14	Schedule 3 amended
	Schedule 1 Amendments to Schedule 2
	Schedule 2 New Parts 2A, 2B, and 2C of Schedule 3
	Explanatory note
	Gazette Information
	Reprint notes

List of access keys

Fisheries (Reporting) Amendment Regulations 2008

Fisheries (Reporting) Amendment Regulations 2008

Order in Council

Note

Contents

Regulations

1 Title

2 Commencement

3 Principal regulations amended

4 Interpretation

5 Kinds of returns

(ee)

6 Catch landing returns

(b)

7 New regulation 11E inserted

11E Non-fish and protected species catch return

(a)

(b)

(c)

(i)

(ii)

(d)

(e)

8 Separate returns required for each vessel or method

9 Return books supplied by chief executive

(k)

10 Method of entering certain details on return

(i)

11 Use of codes for certain entries

(b)

12 Offences

13 Schedule 2 amended

14 Schedule 3 amended

Schedule 1 Amendments to Schedule 2

Form 1

Form 5

Form 5A

Form 6

Form 7

Form 13

Schedule 2 New Parts 2A, 2B, and 2C of Schedule 3

Part 2AIndividual non-fish species

Part 2BNon-fish species groups

Part 2CProtected fish species

Explanatory note

Reprints notes

1 General

2 Legal status

3 Editorial and format changes

4 Amendments incorporated in this reprint