be referred to and entered on a return as “transfer at sea” if paragraph (b)(i) of the definition of the term applies:

be referred to and entered on a return as “out of zone” if paragraph (b)(ii) of the definition of the term applies:

be referred to and entered on a return as “end of year” if paragraph (b)(iii) of the definition of the term applies:

be referred to and entered on a return as, respectively, “registration cancelled” or “vessel re-registered” if paragraph (b)(iv) of the definition of the term applies.

is not defined in this Part; but

is defined in the notice.

complete, before the end of each day of a fishing trip (or at the end of each day in which more than 1 trip is made), the section of the return headed “Catch/Effort Data” for each day or part-day of a fishing trip; and

complete, immediately on landing, that section of the return headed “Catch Landing Data”; and

complete those parts of the last 2 columns for which information is required from a licensed fish receiver immediately on receipt of the necessary information required from a licensed fish receiver.

states the person’s client name and number, and vessel name and registration number; and

states the month and year to which the return relates; and

is clearly marked as a nil return; and

is signed and dated by, or on behalf of, the person.

trawl catch, effort, and processing returns:

lining catch effort returns:

lining trip catch effort returns:

trawl catch effort returns:

squid jigging catch effort returns:

tuna longlining catch effort returns.

complete a return at the end of each landing, except those parts of the last 2 columns of the section of the return headed “Catch Landing Data” for which information is required from a licensed fish receiver; and

complete those parts of the last 2 columns immediately on receipt of the necessary information from a licensed fish receiver.

15 days after the last day of the fishing trip for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(a), (b), or (e) must be provided:

15 days after the last day of the calendar month in which the fishing trip ended for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(c), (d), or (f) must be provided.

states the person’s client name and number, and vessel name and registration number; and

states the month and year to which the return relates; and

is clearly marked as a nil return; and

is signed and dated by, or on behalf of, the person.

is a permit holder; or

has been granted an approval under section 110 of the Act that contains a condition requiring the person to provide monthly harvest returns; or

has been issued with a special permit under section 97 of the Act that contains a condition requiring the person to provide monthly returns; or

is advised by the chief executive in writing that the person must provide monthly harvest returns; or

is an operator who, being a New Zealand national using a New Zealand ship, takes any highly migratory species that is—

the operator was authorised to take the stock in the national fisheries jurisdiction of another State; and

if the other State has a national allocation for the stock taken, the catch was recorded against the other State’s allocation; and

the other State has agreed to comply with all of the conservation and management measures of the competent regional fisheries management organisation for the relevant species.

complete a return for each calendar month for all fish taken during that month, except—

provide the return to the chief executive not later than 15 days after the last day of each calendar month.

include that fish in the monthly harvest return for the calendar month in which the exception ceased to apply; and

comply with subclause (3)(b).

complete a return for each calendar month; and

provide to the chief executive, not later than 15 days after the last day of each calendar month, a monthly harvest return that—

states the permit holder’s client name and number; and

states the month and year to which the return relates; and

states the vessel’s name and registration number; and

is clearly marked as a nil return; and

is signed and dated by, or on behalf of, the permit holder.

states the permit holder’s client name and number; and

states the month and year to which the return relates; and

is clearly marked as a nil return; and

is signed and dated by, or on behalf of, the permit holder.

complete, before the end of each day that diving takes place, as many lines of information in section 3 of the return as are necessary to record that day’s fishing activity; and

complete, immediately on landing, as many lines of information in section 4 of the return as are necessary to record that landing, except the last 2 columns, which must be completed immediately on receipt of the necessary information from a licensed fish receiver.

states the permit holder’s name and client number; and

states the vessel’s name and registration number; and

states the month and year to which the return relates; and

is clearly marked as a nil return; and

is signed and dated by, or on behalf of, the permit holder.

complete a return on each day or part-day that the vessel is on a fishing trip; and

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

is more than 28 m in overall length; or

is a vessel for which the chief executive has advised the permit holder in writing that lining catch effort returns must be provided.

complete a return for each day of a fishing trip on which a line setting operation is commenced from the vessel; and

complete all of the return, except for the information about hauling, species caught, and signature, before the end of the day on which line setting commenced; and

complete the information about hauling and species caught as soon as the hauling operation for that set is completed; and

sign and date the return as soon as all fishing reported on the return is completed; and

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

is 6 m or more in overall length; or

is a vessel for which the chief executive has advised the permit holder in writing that netting catch effort landing returns must be provided.

complete separate returns for each fishing trip; and

complete a column of catch and effort information in section 2 of the return for each set as soon as hauling for the set is completed; and

complete section 3 (relating to trip information) immediately on landing; and

complete section 4 (relating to catch landing data) immediately on landing, except any part of the last 2 columns that requires information from a licensed fish receiver; and

complete any remaining part of the last 2 columns of section 4 immediately on receipt of the information required from the licensed fish receiver; and

complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

provide the return to the chief executive no later than 15 days after the last day of the calendar month in which the fishing trip ends.

to target the same species; and

within 2 nautical miles of the first net that is set; and

as soon as practicable after the first net is set.

state that month and the year in the space next to “landing date” in section 3 of a return; and

clearly mark the return as a nil return; and

complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and

provide the return to the chief executive no later than 15 days after the last day of that month.

is 6 m or more but not more than 28 m in overall length; or

is a vessel for which the chief executive has advised the permit holder in writing that a lining trip catch effort return must be provided.

complete a separate lining trip catch effort return for each fishing trip; and

complete the fishing method, hook spacing, name of fisher, and permit holder and vessel details before completing the details relating to the setting of the first set required by the return; and

complete, for each set, a separate column of catch effort information; and

complete, for each set, the information about the setting as soon as the setting for that set is completed; and

complete, for each set, the information about the hauling and species caught as soon as the hauling for that set is completed; and

record, for each set, the setting information on the same return that is used to record the hauling information for that set; and

sign and date the return after all fishing reported on the return is completed; and

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

to target the same species; and

with the same fishing method, hook spacing, and name of fisher; and

within 2 nautical miles of the start of the first line; and

as soon as is practicable following the setting of the first line.

is 6 m or more but not more than 28 m in overall length; or

is a vessel for which the chief executive has advised the permit holder in writing that a trawl catch effort return must be provided.

complete a separate trawl catch effort return for each fishing trip; and

complete the gear code, design wingspread, design headline height, and permit holder and vessel details before the start of the first shot reported on the return; and

complete, for each shot, a separate column of catch effort information as soon as hauling for that shot is completed; and

sign and date the return after all fishing reported on the return is completed; and

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

complete a return for each fishing trip on which a non-fish species or protected fish species is taken; and

complete a row of non-fish or protected fish species catch information in section 3 of the return as soon as it becomes evident that a non-fish or protected fish species has been taken; and

complete, as soon as the first row in section 3 of the non-fish and protected species catch return has been completed,—

sign and date the return after all fishing reported on the return has been completed; and

provide the return to the chief executive no later than the due date for the return that reports the effort during which the non-fish species or protected fish species was taken.

complete a return on each day or part-day that the vessel is on a fishing trip; and

provide the return to the chief executive not later than 15 days after the last day of that fishing trip.

complete a return for every set made from the vessel on a fishing trip immediately after the set is completed; and

provide the return for a fishing trip that ends on any day in a calendar month to the chief executive not later than 15 days after the last day of that calendar month.

each vessel; and

each method or group of methods—

in the case of return books for catch, effort, and landing returns, returns in form 1 of Schedule 2 of the 2001 regulations:

in the case of return books for catch landing returns, returns in form 2 of Schedule 2 of the 2001 regulations:

in the case of return books for monthly harvest returns, returns in form 3 of Schedule 2 of the 2001 regulations:

in the case of return books for trawl catch, effort, and processing returns, returns in form 5 of Schedule 2 of the 2001 regulations:

in the case of return books for lining catch effort returns, returns in form 5A of Schedule 2 of the 2001 regulations:

in the case of return books for netting catch effort landing returns, returns in form 5B of Schedule 2 of the 2001 regulations:

in the case of return books for lining trip catch effort returns, returns in form 5C of Schedule 2 of the 2001 regulations:

in the case of return books for trawl catch effort returns, returns in form 5D of Schedule 2 of the 2001 regulations:

in the case of return books for squid jigging catch effort returns, returns in form 6 of Schedule 2 of the 2001 regulations:

in the case of return books for tuna longlining catch effort returns, returns in form 7 of Schedule 2 of the 2001 regulations:

in the case of freshwater eel catch effort returns, returns in form 8 of Schedule 2 of the 2001 regulations:

in the case of freshwater eel catch landing returns, returns in form 9 of Schedule 2 of the 2001 regulations:

in the case of paua catch effort landing returns, returns in form 10 of Schedule 2 of the 2001 regulations:

in the case of return books for non-fish and protected species catch returns, returns in form 13 of Schedule 2 of the 2001 regulations.

include within, or make separately available with, any return book—

state in any language other than English, either in addition to, or in replacement of, the English version, any of the matters contained in—

obtain books of the relevant returns from the chief executive; and

enter all information required for the relevant return in the appropriate book—

provide to the chief executive the top, or original, copy of the information entered; and

retain in each book of returns the duplicate, or second, copy of that information (except in the case of monthly harvest returns or licensed fish receiver returns).

a separate book of returns must be obtained for each vessel, or each fishing method or group of methods; and

the information to be entered in a particular book of returns must relate to the use of the particular vessel or other fishing method or group of methods only.

on board the vessel (if any) to which the book relates at any time when the vessel is being used or operated to take fish; and

at any other time, either on board the vessel (if any) to which the book relates or in the custody of the person whose responsibility it is to complete and provide the returns.

the registration of the vessel is cancelled; or

the vessel is re-registered; or

the permit under which fish may be taken by the vessel is cancelled; or

a book of returns relating to the vessel is completely used.

must be in writing and addressed to the person whose responsibility it is to provide the return or returns; and

must be subject to the conditions (if any) that the chief executive may state in writing; and

may be withdrawn at any time by the chief executive in writing.

the person must make and (except in the case of monthly harvest returns or monthly harvest return amendments) retain a duplicate or second copy of the return; and

the provisions in this Part must, subject to any conditions or exceptions stated by the chief executive, and with any necessary modifications, apply as if—

in the case of a return made in accordance with clause 23 in this Part, the duplicate or second copy of the return; or

in the case of a return made under clauses 35 to 47 in this Part, a copy of the return.

a monthly harvest return:

a monthly harvest return amendment.

immediately produce for inspection the return that is the subject of the request (whether original or duplicate, and whether or not completed or already provided to the chief executive); and

cause or allow copies to be taken of that return.

subject to subclause (2), all weights and container capacities must be recorded in kilograms:

all lengths and distances must be recorded in metres:

all mesh sizes must be recorded in millimetres:

all speeds must be recorded in knots, except that wind speed and wind force must be recorded in metres per second:

all times must be recorded in hours and minutes according to a 24-hour clock in New Zealand standard time or New Zealand daylight time, whichever is for the time being applicable, and all dates must be recorded in terms of that applicable time:

all temperatures must be recorded in degrees celsius:

all matters for which a code is required by clause 30 in this Part to be entered must be entered using the most appropriate code:

a reference in a return to a landing of containers must,—

container information need not be completed in respect of any returns to the sea properly made in accordance with Schedule 6 of the Fisheries Act 1996.

the landed state that has the greatest actual weight is the principal landed state, and its weight must be recorded in kilograms; and

all other landed states are additional landed states, and their weight must be recorded as the actual weight of the fish in that landed state; but

the weight of the additional landed state of any fish must not be recorded on a monthly harvest return or monthly harvest return amendment; and

a licensed fish receiver must not record the weight or species of any additional landed state of fish received by the licensed fish receiver on any licensed fish receiver return or licensed fish receiver return amendment.

all weights of fish, aquatic life, or seaweed (except scallops and Foveaux Strait dredge oysters) must be recorded in greenweight kilograms using, if appropriate to the landed state of the fish, aquatic life, or seaweed,—

all scallop weights must be recorded in meatweight, being the weight of scallops remaining when the shell, skirt, and gut has been removed and discarded:

all Foveaux Strait dredge oysters must be recorded in oyster numbers, and those numbers must, if appropriate, be recorded in any part of a return that refers to weight as if 1 oyster weighed 1 kilogram:

all paua weights in PAU 4 must be recorded in greenweight kilograms using the appropriate conversion factor set out in any notice given by the chief executive under section 188(1) of the Act to translate the shucked weight to greenweight.

any fishstock to which the return relates, the person completing the return must enter the appropriate fishstock code stated in table 1 (or, in the case of freshwater eels, in table 11, or, in the case of green-lipped mussel and green-lipped mussel spat, in table 17, or, in the case of oreos, in table 21) in Part 1 of Schedule 3 of the 2001 regulations for the species or class of fish taken, the area in which the fish were taken (except in the case of offal), and, if appropriate, the fishing method by which the fish were taken:

any fish, non-fish, or protected fish species to which the return relates, the person completing the return must enter the appropriate code stated for the species in Part 2, 2A, 2B, or 2C of Schedule 3 of the 2001 regulations:

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—

the landed state of fish to which the return relates, the person completing the return must enter,—

the container type of the container in which the fish is landed, the person completing the return must enter the container type code stated in Part 5 of Schedule 3 of the 2001 regulations that best describes that type of container:

the destination of fish taken, the person completing the return must enter the destination type code stated in Part 6 of Schedule 3 of the 2001 regulations that best describes the manner in which the fish is held or disposed of at the time of landing:

the gear type used in taking any fish, the person completing the return (being a trawl return) must enter the gear code stated in Part 7 of Schedule 3 of the 2001 regulations that best describes the type of trawl net used in taking the fish:

the method used in taking any fish, the person completing the return must enter the method code stated in Part 8 of Schedule 3 of the 2001 regulations that best describes the method used in taking the fish:

the cloud cover for the taking of any fish, the person completing the return must enter the cloud cover code stated in Part 9 of Schedule 3 of the 2001 regulations that best describes the type of cloud cover at the time the fish were taken.

certify any maps that may be required to show—

lodge all certified maps at the head office of the Ministry; and

ensure that copies of all maps (whether full-size or reduced) are available for supply to persons required to provide returns under this Part.

scallops taken in waters adjacent to the east coast of the North Island between North Cape and Cape Rodney:

scallops taken in waters adjacent to the east coast of the North Island between Cape Rodney and Town Point:

scallops taken in waters adjacent to the west coast of the North Island between North Cape and Tauroa Point:

scallops and dredge oysters taken in waters adjacent to the north coast of the South Island between Farewell Spit and Robertson Point:

scallops and dredge oysters taken in waters surrounding the Chatham Islands:

dredge oysters taken in waters between the south coast of the South Island and Stewart Island:

paua taken in waters adjacent to the coast of New Zealand:

rock lobster taken in waters adjacent to the coast of New Zealand:

eels taken in the internal and estuarine waters of the North Island (and any statistical area shown on the map must be treated as including, if appropriate, the estuarine waters adjacent or contiguous to that statistical area):

eels taken in the internal and estuarine waters of the South Island and Chatham Islands (and any statistical area shown on the map must be treated as including, if appropriate, the estuarine waters adjacent or contiguous to that statistical area):

all species or classes of fish taken in New Zealand fisheries waters that—

the chief executive may, by notice in writing, require the person to provide to the chief executive a fresh return completed in the manner and provided within the reasonable time that may be directed by the chief executive; and

the person must provide the fresh return in accordance with the direction of the chief executive.

the chief executive may, by notice in writing, direct the person as to the manner in which returns must be completed by that person, whether by reference to material referred to in clause 22(3)(a) in this Part or by specific direction in the particular case; and

the person must subsequently ensure that returns provided by the person comply with that direction.

the chief executive may, by notice in writing to a person required to provide returns under this Part, direct the person to complete and provide returns of any kind at the intervals, periods, or dates that the chief executive may determine; and

the person must subsequently complete and provide returns in accordance with that direction.

compliance with any requirement in this Part would cause undue hardship or would be unduly impracticable; and

the waiver or suspension of any requirement would not unduly prejudice the management and conservation of any fishery resource.

must be notified in writing to the person or persons concerned or, if it relates to a class of persons, may be notified in the Gazette or in any New Zealand publication that relates primarily to commercial fishing:

must apply for the period and be subject to the conditions that may be stated by the chief executive:

may be revoked by the chief executive at any time in the manner stated in paragraph (a).

apply to all returns approved for electronic transmission by the chief executive under section 296(1) of the Act; but

do not limit the application of the other provisions in this Part to returns completed or provided under clauses 36 to 47 in this Part, unless otherwise specified in those clauses.

for approval as an authorised user; and

for any other person to be approved as an authorised user so that the person may act on behalf of the permit holder.

of the decision on the application; and

of the date on and from which the permit holder and any authorised user acting on behalf of the permit holder must complete and provide returns using electronic software.

the authorised user must complete and provide a return in accordance with clause 23 in this Part; and

as soon as practicable, the permit holder on whose behalf the authorised user is acting must notify the chief executive that the authorised user is unable to complete or provide a return using electronic software.

the authorised user acting on behalf of the permit holder completes and provides a return in accordance with clause 23 in this Part; and

the permit holder notifies the chief executive as required by subclause (1)(b).

a permit holder:

an authorised user acting on behalf of a permit holder.

give written notice of the proposal to do so to the permit holder or authorised user acting on behalf of the permit holder; and

give that person a reasonable opportunity to make submissions to the chief executive on the proposal; and

consider any submissions made by the permit holder or any authorised user.

of the decision; and

of the date on which any cancellation or variation of an approval takes effect.

of the permit holder; or

of an authorised user acting on behalf of that permit holder.

the permit holder; and

any authorised user acting on behalf of that permit holder who is the subject of the decision.

must comply with the requirements of clause 23(1)(b) to (d) and (2)(b) in this Part; and

contravenes this clause if the permit holder—

to all authorised users generally; or

to a particular authorised user.

the authorised user to whom it was issued; or

the permit holder on whose behalf the authorised user is acting.

the organisations authorised to test electronic software:

the minimum requirements for the operation of electronic software.

approve that software; and

notify its approval in the Gazette.

contravenes or fails to comply with the requirements of any of clauses 20, 24, 25, 27, and 28 in this Part:

contravenes or fails to comply with the requirements of any of clauses 6(2), (4), and (6), 7(2), (4), and (6), 8(4) and (8), 9(2) and (4), 10(2), (4), (6), and (7), 11(2), (4), and (6), 12(3), 13(2) and (3), 14(2), (4), and (6), 15(2) and (4), 16(2) and (3), 17(2) and (6), 18(2) and (3), 19(2) and (3), and 33 in this Part:

contravenes or fails to comply with the requirements of any of clauses 6(5), 7(5), 8(5), 9(5), 10(5), 11(4), 12(4), 13(4), 14(5), 15(5), 16(4), 17(4), 18(4), 19(4), 33, 37(2), 39(3), 40(2), and 43(1) and (2) in this Part:

fails to provide returns in the manner specified by these clauses:

makes any false or misleading statement or entry of information in any returns required by these clauses.

against clause 48(a) is liable on conviction to a fine not exceeding $10,000:

against clause 48(b) is liable on conviction to a fine not exceeding $20,000:

against clause 48(c), (d), or (e) is liable on conviction to a fine not exceeding $100,000.