Pursuant to section 263 of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following rules.

1 Title

2 Commencement

3 Principal rules amended

4 Allocation of costs between stocks for certain industry-wide services

5 New rule 7A inserted

7A Allocation of costs for deepwater benthic research

6 Schedule amended

Rules

1 Title

These rules are the Fisheries (Cost Recovery) Amendment Rules 2008.

2 Commencement

These rules come into force on 1 April 2008.

3 Principal rules amended

These rules amend the Fisheries (Cost Recovery) Rules 2001.

4 Allocation of costs between stocks for certain industry-wide services

(1) Rule 7(1)(c) is amended by omitting “item 4 of the Schedule (which relates” and substituting “items 4, 4A, and 4B of the Schedule (which relate”.

(2) Rule 7(3) is amended by omitting “and 4A” and substituting “4A, and 4B”.

5 New rule 7A inserted

The following rule is inserted after rule 7:
“7A Allocation of costs for deepwater benthic research

“(1) Where the cost of all deepwater benthic research for fisheries services does not exceed $1,000,000 (excluding GST) in any financial year, the percentage of the costs to be recovered from industry in respect of that year is 33.33%.

“(2) Where the cost of all deepwater benthic research for fisheries services exceeds $1,000,000 (excluding GST) in any financial year, the percentage of costs to be recovered from industry in respect of that year is to be determined in accordance with the following formula:

a × 33.33%

b

where—

a

is $1,000,000; and

b

is the total cost of all deepwater benthic research for fisheries services in the relevant financial year.”

6 Schedule amended

The Schedule is amended by omitting item 4A and substituting the following items:

4A Deepwater benthic research for fisheries services As in rule 7A(1) and (2) As in rule 7(2) or (3)

4B Deepwater benthic research for conservation services 100% As in rule 7(2) or (3)

Rebecca Kitteridge,
for Clerk of the Executive Council.

Explanatory note

This note is not part of the rules, but is intended to indicate their general effect.

These rules, which come into force on 1 April 2008, amend the Fisheries (Cost Recovery) Rules 2001—

to clarify that the recovery of costs for conservation services (as opposed to fisheries services) for benthic research in the exclusive economic zone are not affected by the 2007 Benthic Protection Areas accord; and
to ensure that the amount to be recovered will not exceed $0.333 million in any 1 year.

Issued under the authority of the Acts and Regulations Publication Act 1989.

Date of notification in Gazette: 28 February 2008.

These rules are administered by the Ministry of Fisheries.

	a		× 33.33%
	b

Fisheries (Cost Recovery) Amendment Rules 2008