Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019

2019/152

Coat of Arms of New Zealand

Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019

Patsy Reddy, Governor-General

Order in Council

At Wellington this 1st day of July 2019

Present:
The Right Hon Jacinda Ardern presiding 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 (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019.

2 Commencement

These regulations come into force on 1 August 2019.

3 Principal regulations

These regulations amend the Fisheries (Electronic Monitoring on Vessels) Regulations 2017 (the principal regulations).

4 Schedule 1 replaced

Replace Schedule 1 with the Schedule 1 set out in the Schedule of these regulations.

Schedule Schedule 1 replaced

r 4

Schedule 1 Transitional, savings, and related provisions

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Part 1 Provisions relating to these regulations as made

1 When these regulations apply in relation to different vessels

(1)

These regulations apply in relation to vessels as follows:

Regulations apply on and fromif the vessel is being used for fishing in this areaand either of these fishing methods is being usedand the register length of the vessel isand the vessel of the specified length was previously used for fishing in the specified area, using the specified method(s), at any time during this period
1 November 2019West Coast North IslandTrawling ≤29 m1 October 2017 to 30 September 2018
Set netting≥8 m
On and from 1 July 2020, all vessels used for fishing in any area using any fishing method must comply with these regulations.

(2)

In this clause,—

fishing method has the meaning given by regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

register length has the meaning given by section 2(1) of the Ship Registration Act 1992

set netting means the use of a set net as defined by regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

trawling has the meaning given by regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001

West Coast North Island means the area of New Zealand fisheries waters enclosed by a line—

(1)

starting at Tauroa Point (at 35°10.000′S and 173°04.000′E); and

(2)

then proceeding due west to a point at 35°10.000′S and 172°00.000′E; and

(3)

then proceeding due south to a point at 37°02.000′S and 172°00.000′E; and

(4)

then proceeding due east to a point at 37°02.000′S and 173°00.000′E; and

(5)

then proceeding due south to a point at 39°04.000′S and 173°00.000′E; and

(6)

then proceeding due west to a point at 39°04.000′S and 172°41.000′E; and

(7)

then proceeding due south to a point at 39°56.000′S and 172°41.000′E; and

(8)

then proceeding due east to a point on the mean high-water mark (at 39°56.000′S and 174°58.250′E); and

(9)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Kawhia Harbour (at 38°05.370′S and 174°46.220′E); and

(10)

then proceeding in a straight line to a point on the northern entrance of Kawhia Harbour (at 38°04.985′S and 174°47.043′E); and

(11)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Aotea Harbour (at 38°02.229′S and 174°47.070′E); and

(12)

then proceeding in a straight line to a point on the northern entrance of Aotea Harbour (at 38°00.431′S and 174°47.762′E); and

(13)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Raglan Harbour (at 37°48.268′S and 174°50.568′E); and

(14)

then proceeding in a straight line to a point on the northern entrance of Raglan Harbour (at 37°47.843′S and 174°50.528′E); and

(15)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern mouth of the Waikato River (at 37°22.667′S and 174°42.171′E); and

(16)

then proceeding in a straight line to a point on the northern mouth of the Waikato River (at 37°20.996′S and 174°41.207′E); and

(17)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Manukau Harbour (at 37°03.544′S and 174°32.155′E); and

(18)

then proceeding in a straight line to a point on the northern entrance of Manukau Harbour (at 37°02.975′S and 174°29.580′E); and

(19)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Kaipara Harbour (at 36°28.917′S and 174°09.716′E); and

(20)

then proceeding in a straight line to a point on the northern entrance of Kaipara Harbour (at 36°23.468′S and 174°03.165′E); and

(21)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Hokianga Harbour (at 35°32.008′S and 173°22.045′E); and

(22)

then proceeding in a straight line to a point on the northern entrance of Hokianga Harbour (at 35°31.392′S and 173°21.395′E); and

(23)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Whangape Harbour (at 35°22.917′S and 173°13.131′E); and

(24)

then proceeding in a straight line to a point on the northern entrance of Whangape Harbour (at 35°22.706′S and 173°12.899′E); and

(25)

then following a line in a generally northerly direction by the mean high-water mark to a point on the southern entrance of Herekino Harbour (at 35°17.680′S and 173°09.518′E); and

(26)

then proceeding in a straight line to a point on the northern entrance of Herekino Harbour (at 35°17.524′S and 173°09.685′E); and

(27)

then following a line in a generally northerly direction by the mean high-water mark to the starting point at Tauroa Point (at 35°10.000′S and 173°04.000′E).

2 Temporary exemption for fishing trip underway when these regulations start to apply

(1)

This clause applies if a vessel has commenced, but not completed, a fishing trip when these regulations start to apply to the vessel.

(2)

While the vessel is at sea on that occasion, the permit holder under whose permit the vessel is fishing, and the master of the vessel, need not comply with these regulations.

(3)

The exemption expires at the end of the fishing trip.

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 1 August 2019, amend the Fisheries (Electronic Monitoring on Vessels) Regulations 2017 (the principal regulations) and defer the dates by which vessels must comply with the principal regulations. Those regulations provide for the electronic monitoring of vessels used to fish under permits issued under section 91 or 113H of the Fisheries Act 1996. When a vessel is on a fishing trip under one of those permits,—

  • the fishing and fish taken must be filmed; and

  • the transportation of fish on the vessel (whether taken under the permit or not) must be filmed; and

  • associated information must be recorded.

The principal regulations came into force on 1 October 2018, but provided for their application to be phased in over different periods for different classes of vessels and fishing methods. For example,—

  • vessels of any length used for surface longlining had to comply with the principal regulations on and from 1 August 2019:

  • vessels ≥28 m used for trawling had to comply with the principal regulations on and from 1 August 2019:

  • vessels of any length used for dredging had to comply with the principal regulations on and from 1 October 2019.

The effect of these regulations is that there will now be 2 compliance dates, as follows:

  • on and from 1 November 2019, vessels used for trawling in the marine area West Coast North Island that are ≤29 m and vessels used for set netting in that area that are ≥8 m must comply with the principal regulations, if used in that area in such fishing in the period 1 October 2017 to 30 September 2018:

  • on and from 1 July 2020, all vessels used for fishing in any area using any fishing method must comply with the principal regulations.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 4 July 2019.

These regulations are administered by the Ministry for Primary Industries.