Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019
Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019
Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019
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2019/152

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.
5 Revocation
The Fisheries (Electronic Monitoring on Vessels) Amendment Regulations 2019 (LI 2019/8) are revoked.
Schedule Schedule 1 replaced
Schedule 1 Transitional, savings, and related provisions
r 4
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 from | if the vessel is being used for fishing in this area | and either of these fishing methods is being used | and the register length of the vessel is | and 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 2019 | West Coast North Island | Trawling | ≤29 m | 1 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.
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Versions
Fisheries (Electronic Monitoring on Vessels) Amendment Regulations (No 2) 2019
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