Fisheries (Reporting) Amendment Regulations 2005: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).

Note

Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this eprint. See the notes at the end of this eprint for further details.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 297 of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

1 Title

(1)

These are the Fisheries (Reporting) Amendment Regulations 2005.

(2)

In these regulations, the Fisheries (Reporting) Regulations 2001¹ are called “the principal regulations”.

2 Commencement

These regulations come into force on 1 October 2005.

3 Lining catch effort returns

Regulation 11A of the principal regulations is amended by inserting, after the word “tuna”, the words “or swordfish”.

4 Tuna longlining catch effort returns

Regulation 13 of the principal regulations is amended by revoking subclause (1), and substituting the following subclause:

(1)

A permit holder who targets tuna or swordfish, or on whose behalf tuna or swordfish are targeted, by the method of longlining from a vessel (including a foreign fishing vessel) must complete, and provide to the chief executive, tuna longlining catch effort returns for that vessel.

5 Use of codes for certain entries

Regulation 37 of the principal regulations is amended by revoking paragraph (c), and substituting the following paragraph:

(c)

any statistical area in which any fishing method or fishing gear is or was being used to take any species of fish, the person completing the return must enter—

(i)

the appropriate statistical area code determined in accordance with, and by reference to, the maps referred to in regulation 38; or

(ii)

the latitude and longitude of each place where the fish were taken or where fishing commenced; or

(iii)

if the permit holder required to provide the return has been advised in writing by the chief executive to provide this information in a specific manner, the information in accordance with the advice of the chief executive

6 Table 1 of Part 1 of Schedule 3 amended

(1)

Table 1 of Part 1 Schedule 3 of the principal regulations is amended by omitting, from the heading to the third column, the expression “18”, and substituting the expression “19”.

(2)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to cockle, and substituting the following item:

Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Cockle		1A	COC1A
		1B	COC1B
		1C	COC1C
	2		COC2
		3	COC3
		3B	COC3B
	4		COC4
	5, 6		COC5
		7A	COC7A
		7B	COC7B
		7C	COC7C
	8		COC8
	9		COC9

(3)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to dredge oysters:—except Foveaux Strait dredge oysters, and substituting the following item:

Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Dredge oysters: —except Foveaux Strait dredge oysters	1		OYS1
		2A	OYS2A
	3		OYS3
	4		OYS4
		5A	OYS5A
		7	OYS7
		7A	OYS7A
		7B	OYS7B
		7C	OYS7C
		8A	OYS8A
	9		OYS9

(4)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to oreo dories, and substituting the following item:

Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Oreo (includes black, smooth, spiky, and warty oreos)	1, 2A, 2B, 5A, 7A, 7B, 8, 9		OEO1
	3A, 3B		OEO 3A
	4		OEO 4
	6		OEO 6
	10		OEO 10

(5)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to pipi, and substituting the following item:


Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Pipi		1A	PPI1A
		1B	PPI1B
		1C	PPI1C
	2		PPI2
	3		PPI3
	4		PPI4
	5, 6		PPI5
	7		PPI7
	8		PPI8
	9		PPI9

(6)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to scallop, and substituting the following item:


Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Scallop		1	SCA1
		CS	SCACS
		1A	SCA1A
		2A	SCA2A
		3	SCA3
		4	SCA4
	5, 6		SCA5
		7	SCA7
		7A	SCA7A
		7B	SCA7B
		7C	SCA7C
		8A	SCA8A
		9A	SCA9A

(7)

Table 1 of Part 1 of Schedule 3 of the principal regulations is amended by inserting, after the item relating to trevally, the following item:

Species or class of fish	Quota management area reference number set out in table 2 of this Part	Other area reference number set out in tables 3 to 19 of this Part	Fishstock code to be used (species/area)
Tuatua		1A	TUA1A
		1B	TUA1B
	2		TUA2
	3		TUA3
	4		TUA4
	5, 6		TUA5
	7		TUA7
	8		TUA8
	9		TUA9

7 Table 2 of Part 1 of Schedule 3 amended

(1)

Note 1 of Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by omitting the words “in Schedule 2 of the Fisheries (Quota Management Areas, Total Allowable Catches, and Catch Histories) Notice 1986”, and substituting the words “in Schedule 1 of the Act”.

(2)

Note 2 of Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the definition of Part-Southland.

(3)

Table 2 of Part 1 of Schedule 3 of the principal regulations is amended by revoking the item relating to Part-Southland.

8 New tables 8, 9, 12, and 18 of Part 1 of Schedule 3 substituted

(1)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 8, and substituting the table set out in Schedule 1.

(2)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 9, and substituting the table set out in Schedule 2.

(3)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 12, and substituting the table set out in Schedule 3.

(4)

Part 1 of Schedule 3 of the principal regulations is amended by revoking table 18, and substituting the table set out in Schedule 4.

9 New table 19 of Part 1 of Schedule 3 added

Part 1 of Schedule 3 of the principal regulations is amended by adding, as table 19, the table set out in Schedule 5.

10 Part 2 of Schedule 3 amended

(1)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to blue maomao the word “violaceus”, and substituting the word “violacea”.

(2)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to ecklonia the expression “spp.”, and substituting the word “radiata”.

(3)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to gemfish, southern kingfish the word “solandri”, and substituting the expression “spp.”.

(4)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to gracilaria weed the word “secundata”, and substituting the word “chilensis”.

(5)

Part 2 of Schedule 3 of the principal regulations is amended by inserting in the third column of the item relating to Kahawai, after the word “trutta”, the words “, A. xylabion”.

(6)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to kelp, bull, and substituting in the appropriate alphabetical order, the following item:

Common name	Species code	Scientific name
Bull kelp	KBL	Durvillea spp.

(7)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to lessonia the expression “spp.”, and substituting the word “variegata”.

(8)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to oreo dories, and substituting the following item:

Common name	Species code	Scientific name
Oreo
Black*	BOE	Allocyttus niger
Smooth*	SSO	Pseudocyttus maculates
Spiky*	SOR	Neocyttus rhomboidalis
Warty*	WOE	Allocyttus verrucosus

(9)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to pilchard the word “neopilchardus”, and substituting the word “sagax”.

(10)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to porae the word “douglasi”, and substituting the word “douglasii”.

(11)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to pterocladia, and substituting, in the appropriate alphabetical order, the following item:

Common name	Species code	Scientific name
Agar weed	PTE	Pterocladia lucida, P. capillacea

(12)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to rock cod the word “rhacinus”, and substituting the word “rhacina”.

(13)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to rubyfish the word “rubiginosus”, and substituting the word “rubiginosum”.

(14)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to sea cucumber (other than Stichopus mollis) the word “Holuthurian”, and substituting the words “Holothuroidea (Class)”.

(15)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to sharks and dogfish not otherwise specified, after the word “Selachii”, the word “(Order)”.

(16)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to spinyfin the word “Diretmoides”, and substituting the word “Diretmichthys”.

(17)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to sponges after the word “Porifera”, the word “(Phylum)”.

(18)

Part 2 of Schedule 3 of the principal regulations is amended by inserting, in the third column of the item relating to starfish after the word “Ophiuroidea”, the word “(Classes)”.

(19)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to giant stargazer the word “giganteum”, and substituting the expression “spp.”.

(20)

Part 2 of Schedule 3 of the principal regulations is amended by revoking the item relating to Tarakihi, and substituting the following item:

Common name	Species code	Scientific name
Tarakihi	TAR	Nemadactylus macropterus; Nemadactylus sp. commonly referred to as “King Tarakihi”.

(21)

Part 2 of Schedule 3 of the principal regulations is amended by omitting from the third column of the item relating to wahoo the word “solanderi”, and substituting the word “solandri”.

Schedule 1 New table 8 of Part 1 of Schedule 3 substituted

r 8(1)

Table 8 Scallop reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Coromandel scallop fishery, in regulation 2 of the Fisheries (Auckland and Kermadec Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Northland scallop fishery and the Southern scallop fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for scallops:

(c)

in the case of the Chatham Island scallop fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(d)

in all other cases Schedule 5 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area name	Area reference number used in fishstock code
Eastern Bay of Plenty	1A
Northland scallop fishery	1
Coromandel scallop fishery	CS
Part Central (East)	2A
South-East and part Chatham Rise	3
Chatham Islands scallop fishery	4
Southern scallop fishery	7
West Coast	7A
North and West of Farewell Spit	7B
Clarence Point to West Head, Tory Channel	7C
Part Central (Egmont)	8A
Part Auckland (West)	9A

Schedule 2 New table 9 of Part 1 of Schedule 3 substituted

r 8(2)

Table 9 Oyster reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Foveaux Strait dredge oyster fishery, in regulation 2 of the Fisheries (Southland and Sub-Antarctic Areas Commercial Fishing) Regulations 1986:

(b)

in the case of the Nelson/Marlborough dredge oyster fishery, in Part 3 of Schedule 1 of the Fisheries Act 1996 for dredge oysters:

(c)

in all other cases, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area name	Area reference number used in fishstock code
Part Central (East)	2A
Foveaux Strait dredge oyster fishery	5
Non-Foveaux Strait Southland	5A
Nelson/Marlborough dredge oyster fishery	7
West Coast	7A
North and West of Farewell Spit	7B
Clarence Point to West Head, Tory Channel	7C
Part Central (Egmont)	8A

Schedule 3 New table 12 of Part 1 of Schedule 3 substituted

r 8(3)

Table 12 Cockle reference numbers for purposes of table 1

The areas referred to by name in this table are the quota management areas or fisheries defined,—

(a)

in the case of the Whangarei Harbour cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2001:

(b)

in the case of the Nelson Bays cockle fishery and the Marlborough cockle fishery, in Schedule 3 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(c)

in the case of the Otago cockle fishery, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2002:

(d)

in all other cases, in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area name	Area reference number used in fishstock code
Whangarei Harbour cockle fishery	1A
East Northland	1B
Hauraki Gulf and Bay of Plenty	1C
Otago	3
Part South East (Coast)	3B
Nelson Bays cockle fishery	7A
Marlborough cockle fishery	7B
Part Challenger	7C

Schedule 4 New table 18 of Part 1 of Schedule 3 substituted

r 8(4)

Table 18 Pipi reference numbers for the purposes of table 1

The areas referred to by name in this table are the quota management areas defined,—

(a)

in the case of the Whangarei Harbour pipi fishery, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003:

(b)

in all other cases, in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area name	Area reference number used in fishstock code
Whangarei Harbour pipi fishery	1A
East Northland	1B
Hauraki Gulf and Bay of Plenty	1C

Schedule 5 New table 19 of Part 1 of Schedule 3 added

r 9

Table 19 Tuatua reference numbers for the purposes of table 1

The areas referred to by name in this table are the quota management areas described in Schedule 6 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice 2005.

Area name	Area reference number used in fishstock code
East Northland	1A
Hauraki Gulf and Bay of Plenty	1B

Diane Morcom,

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 October 2005, amend the Fisheries (Reporting) Regulations 2001 by—

amending regulation 11A to clarify that permit holders who target swordfish by the method of surface longlining do not have to complete a lining catch effort return:
substituting new regulation 13(1) to clarify that permit holders who target tuna or swordfish by the method of longlining must complete a tuna longlining catch effort return:
substituting new regulation 37(c) (which relates to the use of codes for certain entries on returns) to make it clear that a person submitting a return has the choice of entering either the statistical area code or the longitude and latitude of the place in which any fishing method or fishing gear is or was being used to take fish, but that this choice is subject to any direction made by the chief executive:
amending, substituting, and adding various tables in Part 1 of Schedule 3 as a result of 5 new species entering the quota management system:
amending various items in Part 2 of Schedule 3 for consistency with section 319(3) and Schedule 4C of the Fisheries Act 1996 and to make other minor corrections to the names of certain species listed in the schedule.

Issued under the authority of the Legislation Act 2012.

Date of notification in Gazette: 30 June 2005.

Eprint notes

1 General

This is an eprint of the Fisheries (Reporting) Amendment Regulations 2005 that incorporates all the amendments to those regulations as at the date of the last amendment to them.

2 About this eprint

This eprint is not an official version of the legislation under section 18 of the Legislation Act 2012.

3 Amendments incorporated in this eprint

Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 52

¹SR 2001/188

Fisheries (Reporting) Amendment Regulations 2005