Tokelau (Exclusive Economic Zone) Fishing Regulations 2012

  • This version was replaced on 4 April 2019 to a make correction to regulation 57 under section 25(1)(j)(i) and (iii) of the Legislation Act 2012.

Reprint as at 28 March 2019

Coat of Arms of New Zealand

Tokelau (Exclusive Economic Zone) Fishing Regulations 2012

(SR 2012/278)

Jerry Mateparae, Governor-General

Order in Council

At Wellington this 24th day of September 2012

Present:
The Right Hon John Key presiding 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 of Foreign Affairs and Trade.

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

1Title
2Commencement
3Interpretation (general)
3AInterpretation (available vessel days)
3BTransitional, savings, and related provisions
Licensing authority appointment and operation
4Administrator is licensing authority
5Requirements for Administrator when acting as licensing authority
Licensing of foreign fishing craft
6Unlicensed foreign fishing craft prohibited from fishing in exclusive economic zone
7Applications for licence to be made to Administrator
8Material to accompany or support application
9Electronic signature
10Conditions implied in all licences
10AStandard licence conditions imposed by Administrator
11Variation of licences
12Renewal of licences
13Suspension and cancellation of licence for breach of condition or law, or for conviction
14General power of Administrator to suspend or cancel licence or class of licence
15Effect of suspension or cancellation of licence
Licensing of purse seine vessels
16Procedure for granting licence to purse seine vessels
17Licence fee
18Licence conditions: available vessel days
19Cancellation of licence for breach of condition
20Administration of vessel days scheme
20ATotal determined effort
20BTotal determined effort not to be exceeded
Licensing of longline vessels
20CProcedure for granting licence to longline vessel
20DLicence fee
20ELicence conditions: available vessel days
20FCancellation of licence for breach of condition
20GAdministration of vessel days scheme
20HTotal determined effort
20ITotal determined effort not to be exceeded
Licensing of general fishing vessels
21Procedure for granting licence to general fishing vessels
22Licence fee
23Licence conditions
24Cancellation of licence for breach of condition
25Access charges
26Aggregate fishing limits
Foreign fishing craft with regional fishery licence
27Regional fishery licence deemed to be licence under these regulations
28Conditions of deemed licence
29Fee for access to exclusive economic zone
29ASuspension and cancellation of licence and forfeiture of access fee
Permitted and prohibited activities
29BFishing from pleasure craft
30Fishing for research, experimental, or sporting purposes
31Prohibition on interfering with fisheries
32Prohibition on transhipment of catch in territorial sea
33Prohibition on transhipment of catch in exclusive economic zone
34Prohibition on possession of driftnets
35Prohibition on use of driftnets
Offences
36Crew member defined
37Offence for foreign fishing craft to fish without licence
38Offence for foreign fishing craft to fish in breach of condition of licence
39Offence to obstruct or hinder constable or authorised officer
Security for release, and forfeiture, of foreign fishing craft, equipment, and fish
40Application for release of detained foreign fishing craft
41Security for release of foreign fishing craft
42When bond has effect
43Administrator may sell perishable seized property
44Court may order forfeiture of foreign fishing craft and equipment
45Court may order forfeiture of fish or proceeds of sale
Observer programme
46Appointment of observers
47Observer may be placed on foreign fishing craft
48Administrator to give notice of intention to place observer on foreign fishing craft
49Powers of observers and obligations of persons on foreign fishing craft carrying observers
50Food and accommodation to be provided for observers
51Supervision by observers of transhipments, dumping of fish, and fishing outside exclusive economic zone
Miscellaneous matters
52Administrator must keep registers
53Designation and appointment of authorised officers
Savings, transitional, revocation, and amendment provisions
54Existing licences saved
55Tokelau (Exclusive Economic Zone) Fishing Regulations 1988 continue to apply to existing licences
56Revocation
57Consequential amendments to these regulations relating to Criminal Procedure Act 2011
58Tokelau Administration Regulations 1993 amended
59Updated references
Schedule 1AA
Transitional, savings, and related provisions
Schedule 1
Consequential amendments to these regulations relating to Criminal Procedure Act 2011
Gazette Information
Reprint notes