Tokelau (Exclusive Economic Zone) Fishing Regulations 2012

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2012/278

Tokelau (Exclusive Economic Zone) Fishing Regulations 2012

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of September 2012

Present:
The Right Hon John Key presiding in Council

Pursuant to sections 8 and 11 of the Tokelau (Territorial Sea and Exclusive Economic Zone) Act 1977 and section 4 of the Tokelau Act 1948, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Contents

1 Title

2 Commencement

3 Interpretation

Licensing authority appointment and operation

4 Administrator is licensing authority

5 Requirements for Administrator when acting as licensing authority

Licensing of foreign fishing craft

6 Unlicensed foreign fishing craft prohibited from fishing in exclusive economic zone

7 Applications for licence to be made to Administrator

8 Material to accompany or support application

9 Electronic signature

10 Conditions implied in all licences

11 Variation of licences

12 Renewal of licences

13 Suspension and cancellation of licence for breach of condition or law, or for conviction

14 General power of Administrator to suspend or cancel licence or class of licence

15 Effect of suspension or cancellation of licence

Licensing of purse seine vessels

16 Procedure for granting licence to purse seine vessels

17 Fee for grant or renewal of licence to purse seine vessels

18 Condition of licence for purse seine vessels

19 Cancellation of licence for breach of condition

20 Vessel days for purse seine vessels

Licensing of non-purse seine vessels

21 Procedure for granting licence to non-purse seine vessels

22 Fee for grant or renewal of licence to non-purse seine vessels

23 Conditions of licence for non-purse seine vessels

24 Cancellation of licence for breach of condition

25 Access charges

26 Administrator may set aggregate fishing limits for non-purse seine vessels

Licensing of foreign fishing craft that hold regional fishery licence

27 Procedure for granting licence when regional fishery licence is granted by agency

28 Conditions of licence for foreign fishing craft issued with regional fishery licence

29 Cancellation of licence for breach of condition

Permitted and prohibited activities

30 Fishing for research, experimental, or sporting purposes

31 Prohibition on interfering with fisheries

32 Prohibition on transhipment of catch in territorial sea

33 Prohibition on transhipment of catch in exclusive economic zone

34 Prohibition on possession of driftnets

35 Prohibition on use of driftnets

Offences

36 Crew member defined

37 Offence for foreign fishing craft to fish without licence

38 Offence for foreign fishing craft to fish in breach of condition of licence

39 Offence to obstruct or hinder constable or authorised officer

Security for release, and forfeiture, of foreign fishing craft, equipment, and fish

40 Application for release of detained foreign fishing craft

41 Security for release of foreign fishing craft

42 When bond has effect

43 Administrator may sell perishable seized property

44 Court may order forfeiture of foreign fishing craft and equipment

45 Court may order forfeiture of fish or proceeds of sale

Observer programme

46 Appointment of observers

47 Observer may be placed on foreign fishing craft

48 Administrator to give notice of intention to place observer on foreign fishing craft

49 Powers of observers and obligations of persons on foreign fishing craft carrying observers

50 Food and accommodation to be provided for observers

51 Supervision by observers of transhipments, dumping of fish, and fishing outside exclusive economic zone

Miscellaneous matters

52 Administrator must keep registers

53 Designation and appointment of authorised officers

Savings, transitional, revocation, and amendment provisions

54 Existing licences saved

55 Tokelau (Exclusive Economic Zone) Fishing Regulations 1988 continue to apply to existing licences

56 Revocation

57 Consequential amendments to these regulations relating to Criminal Procedure Act 2011

58 Tokelau Administration Regulations 1993 amended

59 Updated references

Schedule
Consequential amendments to these regulations relating to Criminal Procedure Act 2011

Explanatory note

Administrative information