1
Fisheries Amendment Act 1986 034
Commenced: 1 August 1986
ANALYSIS
Analysis
Title
1 Short Title and commencement
2 Interpretation
3 Act to bind Crown
4 References to weight of fish to be references to greenweight
5 Fishery management plans
6 New sections relating to fishery management plans inserted
7 Emergency restrictions in fishery management areas
8 Procedure before Authority
9 Quota Appeal Authority established
10 New Part inserted
11 Controlled fisheries
12 Renewal of licence
13 New Part substituted
14 Taking of acclimatised fish within licensed fish farm permitted
15 Offences relating to spawning acclimatised fish
16 Sales of acclimatised fish to an from acclimatisation societies and Crown
17 Fishing competitions relating to acclimatised fish
18 Occupier may fish without licence
19 Pollution of fresh waters and estuaries
20 Powers of Fishery Officers
21 Research and development of fisheries
22 Act not to apply to taking of fish in certain circumstances
23 Regulations
24 Licences to fish for acclimatised fish
25 Special regulations relating to freshwater fish farming
26 Certain notices to have status of regulations
27 New sections relating to offences and penalties substituted
28 New sections relating to resource rentals inserted
29 Saving
30 Amendments to Fishing Industry Board Act 1963
31 Amendment to Public Finance Act 1977
32 Revocations
Schedule(s)
1 FIRST SCHEDULE: New First Schedule Substituted in Principal Act
2 SECOND SCHEDULE: New Schedules 1
3 THIRD SCHEDULE: New Schedule 1
An Act to amend the Fisheries Act 1983
BE IT ENACTED by the General Assembly of New Zealand in Parliament assembled, and by the authority of the same, as follows:
1. Short Title and commencement---(1) This Act may be cited as the Fisheries Amendment Act 1986, and shall be read together with and deemed part of the Fisheries Act 1983 (hereinafter referred to as the principal Act).
(2) This Act shall come into force on the 1st day of August 1986.
2. Interpretation---(1) Section 2 (1) of the principal Act is hereby amended by repealing the definition of the term "commercial fisherman'', and substituting the following definition: " `Commercial fisherman' means any person who has a fishing permit issued under section 63 of this Act entitling the person to take any species or class of fish, aquatic life, or seaweed:''.
(2) Section 2 (1) of the principal Act is hereby amended by inserting, after the definition of the term "fishing vessel'', the following definition: " `Fishing year' means a period of 12 months commencing with each 1st day of October:''.
(3) Section 2 (1) of the principal Act is hereby amended by inserting, after the definition of the term "foreign fishing craft'', the following definition: " `Foreign owned New Zealand fishing vessel' means a New Zealand fishing vessel that cannot be registered without the consent of the Director-General under section 57 (8) of this Act:''
(4) Section 2 (1) of the principal Act is hereby amended by inserting, after the definition of the term "internal waters'', the following definition: " `Lease', in relation to any individual transferable quota, includes a sub-lease:''
(5) Section 2 (1) of the principal Act is hereby amended by omitting from the definition of the term "owner'' the words ", in relation to any vessel registered under'', and substituting the words "except as provided in section 57 (9) (c) of''.
(6) Section 2 (1) of the principal Act is hereby amended by inserting, after the definition of the term "public authority'', the following definitions: " `Quota Appeal Authority' means the Quota Appeal Authority established under section 28A of this Act: " `Quota management area' means a quota management area declared under section 28B of this Act: " `Quota management system' means a quota management system established under Part IIA of this Act:''.
3. Act to bind Crown---The principal Act is hereby amended by inserting, after section 2, the following section:
"2A. This Act shall bind the Crown.''
4. References to weight of fish to be references to greenweight---The principal Act is hereby amended by inserting, after section 3, the following section:
"3A. (1) Except where otherwise expressly provided, every reference in this Act or any regulations or notice made under this Act to the weight of fish shall be construed as a reference to the greenweight of the fish, which shall be the weight of the fish before any processing (other than freezing) commences and before any part of the fish is removed.
"(2) The Minister may from time to time, by notice in the Gazette, given after consultation with the Fishing Industry Board specify conversion factors which shall for all purposes and in any proceedings for any offences against this Act or any regulation made or notice given under this Act be used to determine the greenweight of any fish.''
5. Fishery management plans---(1) Section 8 of the principal Act is hereby amended by repealing subsections (6) and (7), and substituting the following subsections:
"(6) The Minister shall give notice in the Gazetteof the fact that the Minister has approved any plan and the place or some or all of the places from which copies of the plan may be obtained, and shall give that notice to each objector and body or person that made submissions under section 9 of this Act.
"(7) Any approved plan may be amended, suspended, or revoked, either in whole or in part; and any amendment, suspension, or revocation shall be made and notified in the same manner as proposed management plans and management plans are made under this Part of this Act.''
(2) Section 10 of the principal Act is hereby amended by omitting from subsections (1), (4), (6) (a), and (7) (a) the word "operative'', and substituting in each case the word "approved''.
(3) The principal Act is hereby amended by repealing the First Schedule, and substituting the First Schedule set out in the First Schedule to this Act.
6. New sections relating to fishery management plans inserted---The principal Act is hereby amended by repealing section 11, and substituting the following sections:
"10A. Regulations to bring plan into effect---(1) Where---
"(a) There are no submissions or objections made under section 10 of this Act within the time prescribed in that section; or
"(b) There are such submissions or objections and all the procedures and appeals provided for in section 10 of this Act have been completed,---
the Minister shall recommend to the Governor-General the making by Order in Council of regulations bringing the plan into force and giving effect to the controls specified in the plan and any other matters necessary for giving full effect to the plan, and the Governor-General may make such regulations.
"(2) In the event of any inconsistency between any regulations made under this section or section 11 of this Act and any regulations made under any other section of this Act, the regulations made under this section or section 11 of this Act shall prevail over the inconsistent regulations made under any other section of this Act.
"11. Emergency amendments to plan---(1) If at any time an emergency occurs that endangers or may endanger stocks of fish, or aquatic life, or any species or class of fish or aquatic life in any fishery in respect of which a fishery management plan has been approved, the Governor-General may, by Order in Council, made on the recommendation of the Minister given after consultation with the Fishing Industry Board or any appropriate acclimatisation society, make regulations amending any regulations made under section 10A of this Act.
"(2) Any amendment made pursuant to subsection (1) of this section shall take effect from a date to be specified in the regulations and, except as provided in subsection (3) of this section, may remain in effect for not more than 90 days from the date so specified.
"(3) Any period specified under subsection (2) of this section may be extended for one further period not exceeding 90 days by subsequent regulations before the expiry of the original regulations.
"(4) Any amendment made pursuant to subsection (1) of this section shall, unless sooner revoked, be deemed to be revoked with effect from the expiry of the period specified in the regulations made pursuant to subsection (1) of this section or any subsequent regulations made pursuant to subsection (3) of this section.
"(5) Upon the revocation of any amendment made under this section the regulations amended shall revive from the date of that revocation unless otherwise provided in any regulations made pursuant to section 10A of this Act.''
7. Emergency restrictions in fishery management areas---Section 12 (1) of the principal Act is hereby amended by inserting, after the word "occurs'', the words "within a fishery management area''.
8. Procedure before Authority---(1) Section 18 (4) of the principal Act is hereby amended by adding the words "and to examine and cross-examine witnesses''.
(2) Section 22 of the principal Act is hereby amended by adding the words "and to examine and cross-examine witnesses''.
9. Quota Appeal Authority established---The principal Act is hereby amended by inserting, after section 28, the following section:
"28A. (1) There is hereby established a Quota Appeal Authority.
"(2) The Quota Appeal Authority shall have the sole function of hearing appeals and making decisions under sections 28H and 28I of this Act in respect of quota management systems that are declared under section 28B (1) of this Act.
"(3) The Quota Appeal Authority shall consist of---
"(a) One member who shall be the Chairman, being a person who has held a practising certificate as a barrister or solicitor for at least 7 years:
"(b) One member appointed after consultation with the Fishing Industry Board:
"(c) One member who shall not be an officer or employee of the Ministry.
"(4) The members of the Quota Appeal Authority shall be appointed by the Minister by notice that shall be published in the Gazette and shall be appointed for a term of 3 years or such lesser term as shall be specified in that notice.
"(5) Subsections (4), (5), and (6) of section 13, and sections 14, 15 (except subsection (2)), and 16 to 23 of this Act shall apply in respect of the Quota Appeal Authority as if it were the Fisheries Authority.
"(6) Every deputy appointed under section 15 (1) of this Act (as applied by subsection (5) of this section) to act for the member referred to in subsection (3) (b) of this section shall be appointed by the Minister after consultation with the Fishing Industry Board.
"(7) Sections 18, 22, and 23 of this Act (as applied by subsection (5) of this section) shall apply in respect of any appeal lodged under section 28H of this Act as if the appeal were an application for a licence.
"(8) The Director-General shall be a party to any appeal lodged under subsection (1) or subsection (2) of section 28H of this Act, and shall be entitled to appear and be heard either in person or by counsel or agent, and shall have the right to produce evidence and to examine and cross-examine witnesses.
"(9) Every person in respect of whom the Director-General lodges an appeal under subsection (3) or subsection (4) of section 28H of this Act shall be a party to the appeal, shall be entitled to appear and be heard either in person or by counsel or agent, and shall have the right to produce evidence and to examine and cross-examine witnesses.''
10. New Part inserted---The principal Act is hereby amended by inserting, after section 28A, (as inserted by section 9 of this Act) the following headings and sections:
"PART IIA
"COMMERCIAL FISHING ON QUOTA MANAGEMENT SYSTEM
"28B. Declaration that species or class of fish subject to quota fishing---(1) The Minister may, after consultation with the Fishing Industry Board, by notice in the Gazette, declare that the taking of any species or class of fish in any specified quota management area shall be subject to the quota management system established under this Part of this Act on and from a date specified in the notice.
"(2) The Minister shall not make any declaration under subsection (1) of this section in respect of any species or class of fish for any quota management area within which there is a controlled fishery for that species or class of fish.
"(3) Every notice under this section shall clearly define the quota management area to which it relates, and may do so by reference to fishery management areas and combinations of all or part of such areas.
"(4) So far as is practicable, the Minister shall maintain the same quota management areas for different species or classes of fish.
"(5) Except as provided in section 28M of this Act, no declaration under subsection (1) of this section may be revoked and no area may be excluded from any quota management area except by Act of Parliament.
"(6) Nothing in subsection (5) of this section shall prevent the Minister making a notice varying the date on and from which any quota management system is to come into force.
"28C. Declaration of total allowable catch---(1) The Minister may, after allowing for the Maori, traditional, recreational, and other non-commercial interests in the fishery, by notice in the Gazette, specify the total allowable catch to be available for commercial fishing for each quota management area in respect of each species or class of fish subject to the quota management system.
"(2) The Minister may, in the notice referred to in subsection (1) of this section, specify separate total allowable catches for separately defined parts of any quota management area and may define total allowable catches by reference to methods of taking fish or the periods within which fish may be taken.
"(3) The minister shall, in the notice given under subsection (1) of this section or a subsequent notice in the Gazette, specify the period or periods for which fishing returns are to be used under section 28E (1) of this Act in determining provisional maximum individual transferable quotas.
"(4) The Minister shall include in the total allowable catch specified under subsection (1) of this section any relevant total allowable catch as determined under section 11 of the Territorial Sea and Exclusive Economic Zone Act 1977 for any part of the exclusive economic zone that is within the quota management area.
"(5) The Minister may, in the notice given under subsection (1) of this section or a subsequent notice in the Gazette, specify an appropriate total allowable catch for the remaining part of the fishing year in which any quota management system is to come into force, having regard to the traditional fishing patterns for the species or class of fish in the quota management area.
"(6) Subject to subsections (7) and (8) of this section, the Minister may, by notice in the Gazette, at any time after individual transferable quota have been allocated under section 28O of this Act, vary any total allowable catch for any quota management area in respect of any species or class of fish in the same manner as the total allowable catch is set under this section.
"(7) Except as provided in sections 28D and 28U (4) of this Act, the Minister shall not reduce any total allowable catch for any quota management area in respect of any species or class of fish.
"(8) Where the total allowable catch for any quota management area in respect of any species or class of fish is increased after individual transferable quota have been allocated, the right to take the increased catch shall be determined under section 28T of this Act.
"28D. Reduction of total allowable catch and compulsory reduction of individual transferable quota---(1) Notwithstanding anything to the contrary in this Act, but subject to subsection (2) of this section, the Minister may from time to time, by notice in the Gazette, after consultation with the Fishing Industry Board, reduce the total allowable catch for any quota management area in respect of any species or class of fish subject to the quota management system where the Minister is satisfied that---
"(a) The stock for a quota management area for that species or class of fish has fallen significantly below the level that can sustain the total allowable catch; and
"(b) The imposition of controls on fishing under this Act would not be sufficient to maintain the fishery at a level at or about the current total allowable catch.
"(2) No reduction may be made under this section that reduces a total allowable catch for any part of the exclusive economic zone within the quota management area below the total allowable catch as determined under section 11 of the TerritorialSea and Exclusive Economic Zone Act 1977 for that part of the exclusive economic zone.
"(3) Where the Minister reduces any total allowable catch under subsection (1) of this section, the quantity of fish that may be taken under the individual transferable quotas relating to that total allowable catch shall be reduced to the quantity provided for in the reduced total allowable catch.
"(4) The reduction of the total allowable catch may, if the Minister so directs, be achieved---
"(a) By the reduction of all individual transferable quota on a proportionate basis, in which case compensation shall be payable by the Crown for the fair market value of the individual transferable quota; or
"(b) By operation of section 28U (4) of this Act.
"(5) The compensation payable in respect of individual transferable quotas that are reduced under subsection (3) of this section shall be payable by the Crown to the holders of the individual transferable quotas and to persons holding any interest in those quotas at such amount as may be agreed between the Crown and the holders and other persons.