2023/105
Cindy Kiro, Governor-General
At Wellington this 22nd day of May 2023
Present:Her Excellency the Governor-General in Council
These rules are made under section 263 of the Fisheries Act 1996—
on the advice and with the consent of the Executive Council; and
on the recommendation of the Minister for Oceans and Fisheries made after complying with subsection (4) of that section.
These rules are the Fisheries (Cost Recovery) Amendment Rules 2023.
These rules come into force on 22 June 2023.
These rules amend the Fisheries (Cost Recovery) Rules 2001.
In rule 3(1), insert in its appropriate alphabetical order:
monitored vessel means a vessel to which the definition of monitored fishing in the Fisheries (Electronic Monitoring on Vessels) Regulations 2017 applies (see regulation 3A and clause 1 of Schedule 1 of those regulations)
After rule 3, insert:
The transitional, savings, and related provisions set out in Schedule 1 have effect according to their terms.
In rule 5, replace “the Schedule” with “Schedule 2”.
“the Schedule”
“Schedule 2”
In rule 6(1), replace “the Schedule” with “Schedule 2”.
In rule 7(1) and (3), replace “the Schedule” with “Schedule 2” in each place.
In rule 8, replace “the Schedule” with “Schedule 2”.
In rule 9(1) and (3), replace “the Schedule” with “Schedule 2”.
In rule 10, replace “the Schedule” with “Schedule 2”.
Insert the Schedule 1 set out in the Schedule of these rules as the first schedule to appear after the last rule of the principal rules.
(1)
In the Schedule heading, replace “Schedule” with “Schedule 2”.
“Schedule”
(2)
In the Schedule, item 1, first column, after “activities”, insert “(except services related in any way to electronic monitoring equipment on monitored vessels)”.
“activities”
“(except services related in any way to electronic monitoring equipment on monitored vessels)”
r 12
r 3A
In this Part,—
fishing year means each of the following:
the 2023/2024 fishing year:
the 2024/2025 fishing year
hardware services means installing and maintaining on-board cameras and other equipment on monitored vessels
monitored area means an area—
described in the third column of clause 1(1) of the table in Schedule 1 of the Fisheries (Electronic Monitoring on Vessels) Regulations 2017; and
in relation to which the requirements of those regulations apply, or have started to apply, in a fishing year (see the first column of that table).
The proportion of costs to be recovered from the commercial fishing industry for hardware services for each fishing year is 100%.
The costs are to be recovered—
from quota owners; and
in relation to stocks taken—
using monitored vessels; and
in a monitored area; and
on a stock-specific basis.
(3)
The percentage of costs to be recovered in relation to each stock is to be determined in accordance with the following formula:
a ÷ b
where—
is the value of the particular stock, derived by multiplying the total estimated catch for the stock taken using monitored vessels by the port price for that stock
is the total value of all stocks taken using monitored vessels, derived by—
multiplying the total estimated catch for each stock taken using monitored vessels by its relevant port price; and
adding all the results.
(4)
However, if the chief executive identifies particular stocks as risk exacerbators in all or any fishery area,—
the costs of hardware services in those areas are not to be recovered from other stocks; and
the costs to be recovered in those areas from the identified stocks are to be determined in accordance with the formula in subclause (3) as if item b related only to the total value of those stocks identified as exacerbators.
(5)
For the purposes of this clause, the chief executive may only identify a stock as a risk exacerbator if the stock contributes to 2% or more of the value of the total catch for all stocks taken using monitored vessels in that fishery area.
Rachel Hayward,Clerk of the Executive Council.
These rules, which come into force on 22 June 2023, amend the Fisheries (Cost Recovery) Rules 2001 (the principal rules). The rules insert transitional provisions into the principal rules to provide a cost recovery mechanism in relation to vessels to which the Fisheries (Electronic Monitoring on Vessels) Regulations 2017 apply. The transitional arrangements are for the 2023/2024 and 2024/2025 fishing years and are set out in new Schedule 1. Under this regime, 100% of the costs of installing and maintaining on-board cameras and other equipment will be recovered from quota owners on a stock-specific basis according to the formula set out in clause 2 of the new schedule.
Rule 13(2) removes any service relating to electronic monitoring equipment from the general monitoring and offence detection category of commercial fishing activities in item 1 of the Schedule of the principal rules. The remaining amendments are consequential, and mostly to account for the Schedule being renumbered as Schedule 2.
The Ministry for Primary Industries produced a regulatory impact statement on 23 March 2022 to help inform the decisions taken by the Government relating to the contents of this instrument.
A copy of this regulatory impact statement can be found at—
https://www.mpi.govt.nz/dmsdocument/51484–Regulatory-Impact-Statement-Wider-Rollout-of-On-board-Cameras/sitemap
https://treasury.govt.nz/publications/informationreleases/ris
Issued under the authority of the Legislation Act 2019.
Date of notification in Gazette: 25 May 2023.
These rules are administered by the Ministry for Primary Industries.