Source document: https://docs-lawep.s3.us-east-2.amazonaws.com/1698846942303.pdf (New Zealand)
Reprint as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 (SR 2001/229) Pursuant to section 263 of the Fisheries Act 1996, Her Excellency the Governor­General, on the recommendation of the Minister of Fish­ eries under that section, and acting on the advice and with the consent of the Executive Council, makes the following rules.
Contents Title Commencement Interpretation Status of rules Proportion of costs to be recovered from industry Who must pay levies, and basis for levy Allocation of costs between stocks for certain industry­wide services Allocation of costs between stocks for observer coverage services Allocation of costs for stock assessment research Allocation of costs for aquaculture services Page 2 2 2 4 4 Note Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this eprint.
A general outline of these changes is set out in the notes at the end of this eprint, together with other explanatory material about this eprint.

These rules are administered in the Ministry of Fisheries.

1 Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Alterations in levies during ﬁshing year Port prices Revocation Schedule Apportionment of costs of ﬁsheries and conservation services 9 9 9 10 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 coastal permit means a coastal permit under the Resource Management Act 1991 coastal permit: this deﬁnition was inserted, as from 1 January 2006, by rule 3 Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).
costs includes both direct and indirect costs deepwater benthic research means research, in the exclusive economic zone, relating to— (a) avoiding, remedying, or mitigating the adverse effects of bottom trawling 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 ﬁsheries resources stock assessment research, in relation to any stock, species, or class of ﬁsh or ﬁsh resource, means re­ search projects that aim to produce information on the stock structure, productivity, distribution, ecology, biomass, or sus­ tainable yields of that stock, species, class, or resource (b) r 1 11 12 13 1 2 3 (1) 2 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 r 3 ICE means individual catch entitlement inshore ﬁnﬁsh— (a) includes elephant ﬁsh, groper, red cod, rig, school shark, and snapper: does not include freshwater eels or blue cod (b) 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, skipjack tuna, southern blueﬁn tuna, kingﬁsh (yel­ lowtail), and other game ﬁsh species permit holder means any person who holds a ﬁshing permit issued under section 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 registered ﬁsh farmer: this deﬁnition was inserted, as from 1 January 2006, by rule 3 Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).
research relating to the protected species population means research required or carried out in the interests of the effective management of any species that is— (a) protected under the Wildlife Act 1953 or the Marine Mammals Protection Act 1978; and taken as non­targeted species by commercial ﬁshers (b) shellﬁsh ﬁsheries resources does not include cockles, paua, pipis, rock lobster, or tuatua TAC means total allowable catch TACC means total allowable commercial catch.
In these rules, references to stocks includes, where appropri­ ate, references to ﬁshing activities undertaken for the purpose of harvesting those stocks and to the persons carrying out those activities.

3 (2) r 4 Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Rule 3(1) bottom trawling: inserted, on 13 September 2007, by rule 4 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).
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).

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.
Proportion of costs to be recovered from industry The proportion of costs to be recovered from the commercial ﬁshing industry for the ﬁsheries or conservation services spe­ ciﬁed in the ﬁrst column of the Schedule is the proportion set out in the second column of that schedule.
(b) (c) (d) 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 appro­ priate,— (a) quota owners, on the basis of the quota weight equiva­ lent 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 non­QMS stock reported on the holders’ MHRs: ﬁsh farmers (being persons undertaking ﬁsh farm­ ing under licences granted under the Freshwater Fish Farming Regulations 1983), on the basis of— (i) the area of the relevant ﬁsh farm in hectares, in the case of costs for research services: the number of coastal permits or other authorisa­ tions held, in the case of costs for enforcement or other services.
ﬁsh farmers (being registered ﬁsh farmers), on the basis of the aggregate area in hectares of all (ii) (e) 4 5 6 (1) 4 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 r 7 ﬁsh farms in relation to which a ﬁsh farmer is registered.
(2) The levy payable for any ﬁshing year on quota weight equiva­ lent in relation to quota share, ICE held, or actual catch of non­QMS stock reported on a permit holder’s MHR is to be calculated for each stock in accordance with the following for­ mula: (3) 7 (1) where— 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 appropri­ ate.
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.

Subclause (1)(d) was amended, as from 1 January 2006, by rule 4(1) Fish­ eries (Cost Recovery) Amendment Rules 2005 (SR 2005/321) by inserting the words “(being persons undertaking ﬁsh farming under licences granted under the Freshwater Fish Farming Regulations 1983)” after the words “ﬁsh farm­ ers”.
Subclause (1)(d)(ii) was amended, as from 1 January 2006, by rule 4(2) Fish­ eries (Cost Recovery) Amendment Rules 2005 (SR 2005/321) by substituting the words “coastal permits” for the words “licences, permits,”.

Subclause (1)(e) was inserted, as from 1 January 2006, by rule 4(3) Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).
Allocation of costs between stocks for certain industry­wide services This rule applies to the following services: (a) (b) (c) the services speciﬁed in item 1 of the Schedule (which relates to monitoring and offence detection): the services speciﬁed in items 2 and 3 of the Sched­ ule (which relate to protected species research): the services speciﬁed in item 4 of the Schedule (which relates to mitigation, etc, of effects of commercial ﬁsh­ ing on the aquatic environment or biological diversity): 5 r 8 Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 (e) (d) 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).
The percentage of the costs to be recovered from each stock in respect of the services listed in subclause (1) is to be deter­ mined in accordance with the following formula: where— a b is the value of the particular stock, derived by multi­ plying 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 adding all the results.
(b) If, in the case of the services speciﬁed in items 2, 3, 4, and 4A of the Schedule, the chief executive identiﬁes particular stocks as risk exacerbators in all or any areas to which the services relate, then— (a) 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 identi­ ﬁed 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 exacerbators.
(b) Rule 7(3): amended, on 13 September 2007, by rule 5 of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).
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 follow­ ing formula: (2) (3) 8 6 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 r 9 where— c d is the number of observer seadays in the relevant ﬁsh­ ing year or ﬁnancial year or other relevant period at­ tributable to the particular stock is the total number of observer sea days during that year or period.
9 (1) 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,— (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 recovered from each stock to which the ser­ vices relate in accordance with— (i) the formula in subclause (2), if the chief execu­ tive has determined a percentage allocation for the research effort in respect of the particular stock; or the formula in subclause (3), if the chief execu­ tive has not determined such a percentage alloca­ tion for the stock.
(ii) (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 particular stock, the costs to be recovered from that stock are to be determined in accordance with the following formula: c x d × h where— c d h is the total cost of the services (before deduction of any Crown contribution) is the percentage allocation determined by the chief ex­ ecutive as reﬂecting 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).
7 Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 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 accord­ ance with the following formula: where— c e f g h is the total cost of the services (before deduction of any Crown contribution) is the sum of any research costs allocated under sub­ clause (2) to other stocks for the services concerned is the value of the particular stock, derived by multiply­ ing 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 es­ timated catch for each stock (other than stocks for which an allocation has been made under subclause (2)) by its relevant port price; and (b) adding all the results 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 was substituted, as from 26 July 2002, by rule 3 Fisheries (Cost Recov­ ery) Amendment Rules 2002 (SR 2002/212).
Allocation of costs for aquaculture services In respect of the aquaculture services speciﬁed in item 11 in the Schedule, costs are to be recovered in relation to a ﬁsh farm (being the area and premises speciﬁed in a current licence under the Freshwater Fish Farming Regulations 1983) on the basis of— r 10 (3) 10 (1) 8 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 r 13 (a) (b) the area of each ﬁsh farm, in the case of the costs of research services: the number of coastal permits or other authorisations held, in the case of the costs of enforcement or other services.
In respect of the aquaculture services speciﬁed in item 11 in the Schedule, costs are to be recovered in relation to ﬁsh farms (be­ ing ﬁsh farms in relation to which ﬁsh farmers are registered) on the basis of the aggregate area in hectares of all ﬁsh farms in relation to which a ﬁsh farmer is registered.
Rule 10 was amended, as from 1 January 2006, by rule 5(1) Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321) by inserting the words “in relation to a ﬁsh farm (being the area and premises speciﬁed in a current licence under the Freshwater Fish Farming Regulations 1983)” after the word “recov­ ered”.
Paragraph (b) was amended, as from 1 January 2006, by rule 5(2) Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321) by substituting the words “coastal permits” for the words “licences, permits,”.

Subclause (2) was inserted, as from 1 January 2006, by rule 5(3) Fisheries (Cost Recovery) Amendment Rules 2005 (SR 2005/321).
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 appropriate overall levy amount for the whole ﬁshing year.

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.
Revocation The Fisheries 1999/381) is revoked.
(Crown Contribution) Order 1999 (SR (2) 11 12 13 9 Schedule Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Schedule Apportionment of costs of ﬁsheries and conservation services rr 6, 8 Percentage of costs to be borne by industry Allocation between stocks 100% As in rule 7(2) As in rule 7(2) or (3) a/b expressed as a percentage, where— a is the risk to the populations posed by commercial ﬁshing in New Zealand ﬁsheries waters: Services 1 Monitoring and offence detection of commercial ﬁshing activities 2 Research relating to protected species populations where risk to those populations by human intervention has been estimated 10 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 Schedule Allocation between stocks Services Percentage of costs to be borne by industry b is the total risk of human inter­ ventions on the popula­ tions 3 Research 50% As in rule 7(2) or (3) 4 relating to protected species populations where risk to those populations by human intervention has not been estimated Services (including research, other than deepwater benthic research) provided to avoid, remedy, or mitigate that portion of the risk to, or adverse effect on, 100% As in rule 7(2) or (3) 11 Schedule Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Percentage of costs to be borne by industry Allocation between stocks a is the TACC for the stock b is the TACC for the stock 33.33% As in rule 7(2) or (3) As in rule 9(1)(a) The following percentage, as appropriate, for the
 stock being researched: (a) blue cod—40%: Services the aquatic environment or biological diversity of the aquatic environment caused by commercial ﬁshing 4A Deepwater benthic research 6 Stock assessment research for stock for which a TACC or a TAC has not been set 12 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 Schedule Allocation between stocks Services Percentage of costs to be borne by industry (b) freshwater eels—50%: (c) cockles, pipis, or tu­ atua—25%: (d) paua or rock lob­
 ster—75%: (e) shell­ ﬁsh other than cock­ les, pipis, tuatua, paua, or rock lob­ ster—90%: (f) inshore ﬁnﬁsh other than freshwater eels or blue cod—75%: (g) pelagic ﬁsheries other than kahawai and king­ ﬁsh—95%: (ga) ka­ hawai—70%: 13 Schedule Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Allocation between stocks As in rule 9(2) Percentage of costs to be borne by industry (gb) king­ ﬁsh—50%: (h) sea­ weed—25%: (i) all other stocks not speciﬁed in paragraphs (a) to (h)—100% For each stock, the relevant percentage 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)) Services 7 Stock assessment research across more than one stock 14 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 Schedule Percentage of costs to be borne by industry Allocation between stocks 100% As in rule 8 100% As in rule 7(2) 100% As in rule 7(2) 100% As in rule 10 Services 8 Observer coverage to support stock assessment process and conservation services 9 Monitoring harvest levels 10 Quota and commercial ﬁshing ad­ ministration and regis­ try services, including access and introducing new species into QMS 11 Aquaculture services Schedule item 4 column 1: amended, on 13 September 2007, by rule 6(1) of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).
Schedule item 4A: inserted, on 13 September 2007, by rule 6(2) of the Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223).

Item 2 was amended, as from 1 October 2004, by rule 3 Fisheries (Cost Recovery) Amendment Rules 2004 (SR 2004/290) by substituting in the second column the words “New Zealand ﬁsheries waters” for the words “the EEZ of New Zealand”.

Item 6, paragraph (g) was substituted, as from 26 July 2002, by rule 4 Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).
15 Explanatory note Fisheries (Cost Recovery) Rules 2001 Reprinted as at 13 September 2007 Item 6, paragraphs (ga) and (gb) were inserted, as from 26 July 2002, by rule 4 Fisheries (Cost Recovery) Amendment Rules 2002 (SR 2002/212).

Marie Shroff, 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 the day after the date of their notiﬁcation in the Gazette, set out general background rules in rela­ tion to the imposition of cost recovery levies.

Among other things, the rules indicate the proportion of costs of various ﬁsheries and conservation services that are to be borne by the commercial ﬁshing industry, either as a speciﬁc percentage or by means of a formula that establishes the appropriate proportion.
These provisions replace the Fisheries (Crown Contribution) Order 1999, which is revoked.

The rules also indicate the basis on which levies are to be allocated to particular ﬁshstocks or levy payers.

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

Date of notiﬁcation in Gazette: 13 September 2001.


16 Reprinted as at 13 September 2007 Fisheries (Cost Recovery) Rules 2001 Notes Contents 1 2 3 General About this eprint List of amendments incorporated in this eprint (most recent ﬁrst) Notes 1 2 3 General This is an eprint of the Fisheries (Cost Recovery) Rules 2001.

It incorporates all the amendments to the Fisheries (Cost Re­ covery) Rules 2001 as at 13 September 2007.
The list of amendments at the end of these notes speciﬁes all the amend­ ments incorporated into this eprint since 3 September 2007.

Relevant provisions of any amending enactments that con­ tain transitional, savings, or application provisions are also in­ cluded, after the Principal enactment, in chronological order.

About this eprint This eprint has not been ofﬁcialised.
For more information about ofﬁcialisation, please see "Making online legislation of­ ﬁcial" under "Status of legislation on this site" in the About section of this website.

List of amendments incorporated in this eprint (most recent ﬁrst) Fisheries (Cost Recovery) Amendment Rules 2007 (SR 2007/223) 17