Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846910131.pdf (New Zealand)
Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 (SR 2001/229) Silvia Cartwright, Governor-General Order in Council At Wellington this 10th day of September 2001 Present: Her Excellency the Governor-General in Council Pursuant to section 263 of the Fisheries Act 1996, Her Excellency the Governor- General, on the recommendation of the Minister of Fisheries under that section, and acting on the advice and with the consent of the Executive Council, makes the follow‐ ing rules.
Contents Title Commencement Interpretation Status of rules Proportion of costs to be recovered from industry Who must pay levies, and basis for levy Page 2 2 2 4 4 4 Note The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These rules are administered by the Ministry for Primary Industries.
1 Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 Allocation of costs between stocks for certain industry-wide services Allocation of costs for deepwater benthic research Allocation of costs between stocks for observer coverage services Allocation of costs for stock assessment research Allocation of costs for aquaculture services Alterations in levies during fishing year Port prices Revocation Schedule Apportionment of costs of fisheries and conservation services 5 6 6 6 8 8 8 8 9 Rules Title These rules are the Fisheries (Cost Recovery) Rules 2001.
Commencement These rules come into force on the day after the date of their notification in the Gazette.
Interpretation In these rules, unless the context otherwise requires,— Act means the Fisheries Act 1996 bottom trawling means trawling or dredging for aquatic life using a trawl net or dredge that is designed to come into contact with, and be dragged along, the seabed certificate of compliance has the meaning given by section 2(1) of the Resource Management Act 1991 costs includes both direct and indirect costs deepwater benthic research means research, in the exclusive economic zone, relating to— (a) (b) avoiding, remedying, or mitigating the adverse effects of bottom trawl‐ ing on the benthic environment and its biological diversity; or the benthic environment and its biological diversity when there is a general public interest in that research fish-farm licence means a fish-farm licence issued under the Freshwater Fish Farming Regulations 1983 fisheries resources stock assessment research, in relation to any stock, spe‐ cies, or class of fish or fish resource, means research projects that aim to r 1 7 7A (1) 2 Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 r 3 produce information on the stock structure, productivity, distribution, ecology, biomass, or sustainable yields of that stock, species, class, or resource ICE means individual catch entitlement inshore finfish— (a) (b) includes elephant fish, groper, red cod, rig, school shark, and snapper: does not include freshwater eels or blue cod MHR means the monthly harvest return required by the Fisheries (Reporting)
 Regulations 2001 monitoring harvest levels means services to monitor the quantity and quality of data received from the reporting of fishing activity under the Act pelagic fisheries resources includes albacore, jack mackerel, kahawai, skip‐ jack tuna, southern bluefin tuna, kingfish (yellowtail), and other game fish spe‐ cies permit holder means any person who holds a fishing permit issued under sec‐ tion 91 of the Act port price means the surveyed average price paid by licensed fish receivers to independent
 fishers for fish landed to those licensed fish receivers, as set or updated under rule 12 QMS means quota management system registered fish farmer means a fish farmer registered under Part 9A of the Act research relating to the protected species population means research required or carried out in the interests of the effective management of any spe‐ cies that is— (a) protected under the Wildlife Act 1953 or the Marine Mammals Protec‐ tion Act 1978; and (b) taken as non-targeted species by commercial fishers resource consent has the meaning given by section 2(1) of the Resource Man‐ agement Act 1991 shellfish fisheries resources does not include cockles, paua, pipis, rock lob‐ ster, or tuatua TAC means total allowable catch TACC means total allowable commercial catch.
(2) In these rules, references to stocks includes, where appropriate, references to fishing activities undertaken for the purpose of harvesting those stocks and to the persons carrying out those activities.

Rule 3(1) bottom trawling: inserted, on 13 September 2007, by rule 4 of the Fisheries (Cost Recov‐ ery) Amendment Rules 2007 (SR 2007/223).

Rule 3(1) certificate of compliance: inserted, on 1 July 2022, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).
3 r 4 Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 Rule 3(1) coastal permit: revoked, on 1 July 2022, by rule 4(2) of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).

Rule 3(1) deepwater benthic research: inserted, on 13 September 2007, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

Rule 3(1) fish-farm licence: inserted, on 1 July 2022, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).
Rule 3(1) registered fish farmer: inserted, on 1 January 2006, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).

Rule 3(1) resource consent: inserted, on 1 July 2022, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).
4 Status of rules These rules are to be followed so far as reasonably practicable in setting any levies under the Act, but failure to accurately predict, estimate, account for, or otherwise quantify any matter referred to in these rules does not invalidate any levies set in accordance with their general tenor.
5 Proportion of costs to be recovered from industry 6 (1) The proportion of costs to be recovered from the commercial fishing industry for the fisheries or conservation services specified in the first column of the Schedule is the proportion set out in the second column of that schedule.
Who must pay levies, and basis for levy The persons who must pay levies in respect of the fisheries and conservation services specified in the Schedule are, as appropriate,— (a) (b) (c) (d) (e) quota owners, on the basis of the quota weight equivalent in relation to their quota share: ICE holders, on the basis of the amount of ICE held: permit holders, on the basis of the amount of actual catch of non-QMS stock reported on the holders’ MHRs: fish farmers (being persons undertaking fish farming under fish-farm licences), on the basis of the number of fish-farm licences held by a fish farmer: fish farmers (being registered fish farmers), on the basis of the number of resource consents, certificates of compliance, or other authorisations held by a fish farmer in relation to a fish farm.
(2) The levy payable for any fishing year on quota weight equivalent in relation to quota share, ICE held, or actual catch of non-QMS stock reported on a permit holder’s MHR is to be calculated for each stock in accordance with the follow‐ ing formula: g ÷ h where— 4 Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 r 7 g h is the total amount of costs to be recovered from the stock for the fishing year is the total TACC, ICE, or estimated catch likely to be extracted from the stock in the fishing year, as appropriate.
(3) Levies imposed on the persons specified in subclause (1)(a) to (c) may be expressed as a levy amount per tonne, per kilogram, or per quota share.

Rule 6(1)(d): replaced, on 1 July 2022, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).

Rule 6(1)(e): replaced, on 1 July 2022, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).
7 (1) Allocation of costs between stocks for certain industry-wide services This rule applies to the following services: (a) (b) (c) (d) (e) the services specified in item 1 of the Schedule (which relates to moni‐ toring and offence detection): the services specified in items 2 and 3 of the Schedule (which relate to protected species research): the services specified in items 4, 4A, and 4B of the Schedule (which relate to mitigation, etc, of effects of commercial fishing on the aquatic environment or biological diversity): the services specified in item 9 of the Schedule (which relates to the monitoring of harvest levels): the services specified in item 10 of the Schedule (which relates to administration and registry services).
(2) The percentage of the costs to be recovered from each stock in respect of the services listed in subclause (1) is to be determined in accordance with the fol‐ lowing formula: where— a ÷ b a b is the value of the particular stock, derived by multiplying the total TACC, ICE, or estimated catch for the stock by the port price for that stock is the total value of all stocks, derived by— (a) multiplying the total TACC, ICE, or estimated catch for each stock by its relevant port price; and (b) adding all the results.
(3) If, in the case of the services specified in items 2, 3, 4, 4A, and 4B of the Schedule, the chief executive identifies particular stocks as risk exacerbators in all or any areas to which the services relate, then— 5 r 7A Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 (a) (b) the costs of those services in these areas are not to be recovered from other stocks; and the costs to be recovered in those areas from the identified stocks are to be determined in accordance with the formula in subclause (2) as if item b related only to the total value of those stocks identified as exacerba‐ tors.
Rule 7(1)(c): amended, on 1 April 2008, by rule 4(1) of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

Rule 7(3): amended, on 1 April 2008, by rule 4(2) of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).

Rule 7(3): amended, on 13 September 2007, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).
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 accord‐ ance with the following formula: where— (a ÷ b) × 33.33% a b is $1,000,000; and is the total cost of all deepwater benthic research for fisheries services in the relevant financial year.
Rule 7A: inserted, on 1 April 2008, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).
8 Allocation of costs between stocks for observer coverage services In respect of the observer coverage services specified in item 8 of the Schedule, the percentage of costs to be recovered from each stock is to be determined in accordance with the following formula: where— c ÷ d c d is the number of observer seadays in the relevant fishing year or finan‐ cial year or other relevant period attributable to the particular stock is the total number of observer sea days during that year or period.
Allocation of costs for stock assessment research In respect of the stock assessment research services specified in items 5, 6, and 7 of the Schedule,— 9 (1) 6 Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 r 9 (a) the costs of services attributable to a single stock are to be recovered from that stock: (b) where the services relate to more than 1 stock, the costs are to be recov‐ ered from each stock to which the services relate in accordance with— (i) (ii) the formula in subclause (2), if the chief executive has determined a percentage allocation for the research effort in respect of the par‐ ticular stock; or the formula in subclause (3), if the chief executive has not deter‐ mined such a percentage allocation for the stock.
(2) If, in respect of services that relate to more than 1 stock, the chief executive has determined a percentage allocation for the research effort in respect of a par‐ ticular stock, the costs to be recovered from that stock are to be determined in accordance with the following formula: where— c × d × h c d h is the total cost of the services (before deduction of any Crown contribu‐ tion) is the percentage allocation determined by the chief executive as reflect‐ ing the research effort in respect of the particular stock is the percentage of costs to be recovered from the particular stock, as indicated in the second column of item 5 or the second column of item 6 of the Schedule (whichever is relevant).
(3) If, in respect of services that relate to more than 1 stock, the chief executive has not determined a percentage allocation for the research effort in respect of a particular stock, the costs to be recovered from that stock are to be determined in accordance with the following formula: where— (c − e) × (f ÷ g) × h c e f g is the total cost of the services (before deduction of any Crown contribu‐ tion) is the sum of any research costs allocated under subclause (2) to other stocks for the services concerned is the value of the particular stock, derived by multiplying the total TAC, ICE, or estimated catch for the stock by the port price for the stock is the total value of all the stocks to which the services relate (other than stocks for which an allocation has been made under subclause (2)), derived by— (a) multiplying the total TAC, ICE, or estimated catch for each stock (other than stocks for which an allocation has been made under subclause (2)) by its relevant port price; and 7 r 10 Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 (b) adding all the results h is the percentage of costs to be recovered from the particular stock, as indicated in the second column of item 5 or the second column of item 6 of the Schedule (whichever is relevant).
Rule 9: substituted, on 26 July 2002, by rule 3 of the Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).
10 Allocation of costs for aquaculture services In respect of the aquaculture services specified in item 11 of the Schedule, costs are to be recovered from— (a) (b) fish farmers (being persons undertaking fish farming under fish-farm licences), on the basis of the number of fish-farm licences held by a fish farmer: fish farmers (being registered fish farmers), on the basis of the number of resource consents, certificates of compliance, or other authorisations held by a fish farmer in relation to a fish farm.
Rule 10: replaced, on 1 July 2022, by rule 6 of the Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163).

11 Alterations in levies during fishing year If it is proposed to alter any levy during a fishing year, the altered levy may be set at a figure that, when averaged with the existing levy, results in an appropri‐ ate overall levy amount for the whole fishing year.
12 Port prices Before 1 October in each year, the chief executive must survey the port prices for each stock and fix a port price that, in the view of the chief executive, is the average port price for that stock.

13 Revocation The Fisheries (Crown Contribution) Order 1999 (SR 1999/381) is revoked.
8 Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 Schedule Schedule Apportionment of costs of fisheries and conservation services rr 6, 8 Services Percentage of costs to be borne by industry Allocation between stocks 1 Monitoring and offence detection of commercial fishing activities 100% a ÷ b , expressed as a percentage, where— is the risk to the popula‐ tions posed by commercial fishing in New Zealand fisheries waters: is the total risk of human interventions on the popu‐ lations a b 50% 100% 2 3 4 Research relating to protected spe‐ cies populations where risk to those populations by human inter‐ vention has been estimated Research relating to protected spe‐ cies populations where risk to those populations by human inter‐ vention has not been estimated Services (including research, other than deepwater benthic research) provided to avoid, remedy, or miti‐ gate that portion of the risk to, or the aquatic adverse effect on, environment or biological diver‐ sity of the aquatic environment caused by commercial fishing 4A Deepwater benthic research for As in rule 7A(1) and (2) fisheries services 4B Deepwater benthic research for 100% conservation services Stock assessment for stock for which a TAC and a TACC have been set research a ÷ b , expressed as a percentage, where— a b is the TACC for the stock is the TAC for the stock 5 6 As in rule 7(2) As in rule 7(2) or (3) As in rule 7(2) or (3) As in rule 7(2) or (3) As in rule 7(2) or (3) As in rule 7(2) or (3) As in rule 9(1)(a) Stock assessment for
 stock for which a TACC or a TAC has not been set research The following percentage, as appropriate, for the stock being researched: As in rule 9(1)(a) (a) (b) blue cod—40%: freshwater eels—50%: 9 Schedule Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 Services Percentage of costs to be borne by industry (c) cockles, pipis, or tuatua— 25%: Allocation between stocks (d) (e) (f) (g) (ga) (gb) (h) (i) paua or rock lobster—75%: other shellfish than cockles, pipis, tuatua, paua, or rock
 lobster—90%: inshore finfish other than freshwater eels or blue cod—75%: pelagic fisheries other than kahawai and kingfish— 95%: kahawai—70%: kingfish—50%: seaweed—25%: all other stocks not speci‐ fied in paragraphs (a) to (h)—100% For each stock, the relevant per‐ centage for that stock specified in this column in item 5 or item 6 (which percentage is to be applied to the stock’s share of the costs determined in rule 9(2)) 100% 100% 100% As in rule 9(2) As in rule 8 As in rule 7(2) As in rule 7(2) 7 8 Stock assessment research across more than one stock (under Observer coverage the observer programme established under section 223 of the Act) that supports fisheries services or con‐ servation services 9 Monitoring harvest levels 10 Quota and commercial fishing administration and registry ser‐ vices, including access and intro‐ ducing new species into QMS 11 Aquaculture services 100% As in rule 10 Schedule item 2: amended, on 1 October 2004, by rule 3 of the Fisheries (Cost Recovery) Amend‐ ment Rules 2004 (SR 2004/290).
Schedule item 4: amended, on 13 September 2007, by rule 6(1) of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

Schedule item 4A: substituted, on 1 April 2008, by rule 6 of the Fisheries (Cost Recovery) Amend‐ ment Rules 2008 (SR 2008/32).

Schedule item 4B: inserted, on 1 April 2008, by rule 6 of the Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32).
10 Version as at 1 July 2022 Fisheries (Cost Recovery) Rules 2001 Schedule Schedule item 6: amended, on 26 July 2002, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).

Schedule item 8: amended, on 1 July 2016, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2016 (LI 2016/134).

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 12 September 2001.

Marie Shroff, Clerk of the Executive Council.


11 Notes Fisheries (Cost Recovery) Rules 2001 Version as at 1 July 2022 Notes 1 General This is a consolidation of the Fisheries (Cost Recovery) Rules 2001 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments.
This presump‐ tion applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, pub‐ lished as an electronic version, is an official version.

A printed version of legis‐ lation that is produced directly from this official electronic version is also an official version.
3 Editorial and format changes The Parliamentary Counsel Office makes editorial and format changes to con‐ solidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

See also PCO editorial conventions for consolidations.
4 Amendments incorporated in this consolidation Fisheries (Cost Recovery) Amendment Rules 2022 (SL 2022/163) Fisheries (Cost Recovery) Amendment Rules 2016 (LI 2016/134) Fisheries (Cost Recovery) Amendment Rules 2008 (SR 2008/32) Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223) Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321) Fisheries (Cost Recovery) Amendment Rules 2004 (SR 2004/290) Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212) Wellington, New Zealand: Published under the authority of the New Zealand Government—2022 12