Fisheries (Infringement Offences) Amendment Regulations 2018

2018/262

Coat of Arms of New Zealand

Fisheries (Infringement Offences) Amendment Regulations 2018

Patsy Reddy, Governor-General

Order in Council

At Wellington this 10th day of December 2018

Present:
Her Excellency the Governor-General in Council

These regulations are made under section 297 of the Fisheries Act 1996 on the advice and with the consent of the Executive Council.

Regulations

1 Title

These regulations are the Fisheries (Infringement Offences) Amendment Regulations 2018.

2 Commencement

These regulations come into force on 10 January 2019.

3 Principal regulations

These regulations amend the Fisheries (Infringement Offences) Regulations 2001 (the principal regulations).

4 Regulation 4 amended (Infringement offences)

(1)

In regulation 4(1), after “if”, delete “the person”.

(2)

In regulation 4(1)(a), before “commits”, insert “the person”.

5 Schedule 1 amended

(1)

In Schedule 1, after the first cross-heading relating to the Fisheries (Reporting) Regulations 2017,—

(a)

item relating to regulation 7(3)(a), second column, replace “after” with “when”:

(b)

item relating to regulation 7(3)(b), second column, replace “after” with “when”:

(c)

item relating to regulation 7(3)(c), second column, replace “4 hours” with “8 hours”:

(d)

revoke the items relating to regulations 10(3)(a), 10(3)(b) (both items), 11(3)(a), 11(3)(b), 11(3)(c)(i) (both items), and 11(3)(c)(ii) (both items):

(e)

revoke the item relating to regulation 39.

(2)

In Schedule 1, after the first cross-heading relating to the Fisheries (Reporting) Regulations 2017, insert in their appropriate numerical order the items set out in the Schedule of these regulations.

(3)

In Schedule 1, second cross-heading relating to the Fisheries (Reporting) Regulations 2017, before “Fisheries”, insert “Part 2 of Schedule 1 of”.

(4)

In Schedule 1, after the second cross-heading relating to the Fisheries (Reporting) Regulations 2017, replace “In the period on and from 16 August 2018 to the close of 31 July 2020, the following infringement offences and infringement fees apply:” with “The following infringement offences and infringement fees apply in respect of a person who is required to comply with Part 2 of Schedule 1 of the Fisheries (Reporting) Regulations 2017:”.

Schedule Schedule 1 amended

r 5

r 7AAA(1)Providing trip start report late750
r 7AAA(2)(a)Failing to record date and time that fishing trip starts400
r 7AAA(2)(b)Failing to record location of where fishing trip starts400
r 7AAA(2)(c)Failing to record additional information specified in circular400
r 7AAAB(1)Providing trip end report late750
r 7AAAB(2)(a)Failing to record date and time that fishing trip ends400
r 7AAAB(2)(b)Failing to record location of where fishing trip ends400
r 7AAAB(2)(c)Failing to record additional information specified in circular400
r 10(3)(a)(i)Failing to complete a disposal report within 8 hours after fishing ends400
r 10(3)(a)(ii)Providing a disposal report late, but before the close of the 14th day after the date on which it was due400
r 10(3)(a)(ii)Providing a disposal report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 10(3)(b)Failing to complete and provide a disposal report at the same time processing report is due400
r 10(3)(b)Providing a disposal report late, but before the close of the 14th day after the date on which it was due400
r 10(3)(b)Providing a disposal report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 10(3)(c)(i)Failing to complete disposal report within 1 hour after disposal is finished400
r 10(3)(c)(ii)Providing a disposal report late, but before the close of the 14th day after the date on which it was due400
r 10(3)(c)(ii)Providing a disposal report within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750
r 11(3)(a)Failing to record the required information in a landing report immediately after a landing is finished400
r 11(3)(b)Failing to record the required information within 15 days after a landing is finished400
r 11(3)(c)Providing the relevant landing report information late, but before the close of the 14th day after the date on which the information was due400
r 11(3)(c)Providing the relevant landing report information within a period starting on the 15th day after the date on which it was due and ending on the 30th day after that date750

Michael Webster,
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 10 January 2019, amend the Fisheries (Infringement Offences) Regulations 2001 (the principal regulations). The amendments arise because of changes made to the Fisheries (Reporting) Regulations 2017 by the Fisheries (Reporting) Amendment Regulations 2018. Schedule 1 of the principal regulations is amended to—

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 13 December 2018.

These regulations are administered by the Ministry for Primary Industries.