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 the 28th day after the date on which they are notified in the Gazette, amend the Tokelau (Exclusive Economic Zone) Fishing Regulations 2012 (the principal regulations). The main purposes of the amendments are—
to regulate longline fishing in the exclusive economic zone (EEZ) in the same way that purse seine fishing is regulated:
to incorporate the vessel day schemes under the Palau Arrangement as a key mechanism for regulating purse seine fishing and longline fishing in the EEZ by—
making the availability of vessel days a condition of a licence for a purse seine or longline vessel; and
requiring the Administrator to monitor certain transactions in vessel days so as to limit the number of vessel days available for use by purse seine or longline vessels in the EEZ:
to recognise the operation of relevant international agreements and arrangements (including the Palau Arrangement) in connection with fishing in the EEZ:
to eliminate the requirement for holders of regional fishery licences granted externally to be granted a licence by the Administrator.
In addition, these regulations—
change the name of the category of non-purse seine vessels to general fishing vessels:
grant and regulate an exemption for fishing from pleasure craft:
make other minor technical amendments.
The major amendments made by these regulations are set out below.
Regulations 4 and 5 provide for interpretation—
by inserting a number of new definitions, including vessel day, available vessel day, Palau Arrangement, longline, longline vessel, relevant international agreement or arrangement, purse seine Vessel Day Scheme, and longline Vessel Day Scheme:
by amending, revoking, and replacing a number of current definitions, including general fishing licence, licence, and regional fishery licence.
Regulations 8 and 9 provide for licence conditions:
regulation 8 amends regulation 10 (conditions implied in all licences) by adding a number of additional implied conditions to licences:
regulation 9 inserts new regulation 10A (standard licence conditions imposed by Administrator), which empowers the Administrator to determine standard conditions for types of licence.
Regulation 17 replaces regulation 20 with new regulations 20 to 20I:
new regulations 20 to 20B provide for the way in which the Administrator administers the vessel day scheme for purse seine vessels:
new regulations 20C to 20I comprise a licensing scheme for longline vessels, which mirrors the scheme for purse seine vessels, including by the administration of the vessel day scheme.
Regulation 25 replaces regulations 27 to 29 with new regulations 27 to 29A:
new regulation 27 provides that regional fishery licences, once notified to the Administrator, are to be treated as licences granted under the principal regulations:
new regulations 28, 29, and 29A provide for the conditions to which a deemed licence is subject, the payment of an access fee for a vessel with a deemed licence, and, in the event of a breach of a condition, the suspension or cancellation of the licence and the forfeiture of the access fee.
Regulation 26 inserts new regulation 29B, which allows limited unlicensed fishing in the EEZ by a pleasure craft.
The remaining provisions of these regulations make amendments that are—
necessary to support the major amendments; or
minor or technical in nature, including the following:
regulation 16 amends regulation 19 (cancellation of licence for breach of condition), requiring the Administrator to cancel the licence without delay and providing that the cancellation takes effect on the date of the notice rather than the date of the breach of condition:
regulation 27 amends regulation 30 (fishing for research, experimental, or sporting purposes), requiring the Administrator to cancel a consent given under that regulation if a condition of the consent is breached:
regulation 28 amends regulation 33 (prohibition on transhipment of catch in exclusive economic zone) by providing that the prohibition does not apply to transhipment that is permitted by the Administrator or by a licence condition:
the Schedule inserts new Schedule 1AA (transitional, savings, and related provisions):
clause 1 contains definitions, including a definition of transition period, which means the period between the commencement of these regulations and a date specified by the Administrator at the request of parties to the Palau Arrangement (or 31 December 2021, if no date is specified):
clause 2 provides that Tokelau’s total determined effort (TDE) during the transition period is 5,000 vessel days rather than the number that would be determined by the Administrator under new regulation 20H.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 February 2019.
These regulations are administered by the Ministry of Foreign Affairs and Trade.