Fisheries Act 1996 Amendment (No 2) 1999

1: Short Title and commencement
1: This Act may
be cited as the Fisheries Act 1996 Amendment Act (No 2) 1999,
and is part of the Fisheries Act 1996 the principal Act
2: This section
and sections 29 35 36
3: The other
provisions of this Act come into force on a date to be appointed by
the Governor-General by Order in Council; and 1 or more Orders in
Council may be made appointing different dates for different provisions
and for different purposes.
2: Interpretation
Section 2(1) Fish
Stocks Agreement
a: means the Agreement for the Implementation
of the Provisions of the United Nations Convention on the Law of the
Sea of 10 December 1982 relating to the conservation and management
of straddling fish stocks and highly migratory fish stocks, done at
New York on 4 December 1995 (a copy of the English text of which is
set out in Schedule 1A
b: includes amendments to the Fish Stocks
Agreement made in accordance with Article 45 of the Agreement that
are, or will become, binding on New Zealand from time to time: freshwater
eel Anguilla
australis Anguilla dieffenbachii Anguilla reinhardtii high
seas high
seas fishery inspector section 113Q high
seas fishing permit section 113H High
Seas Permit Register section 98(1)(c) New
Zealand national
a: a New Zealand citizen; or
b: a person who is ordinarily resident in
New Zealand; or
c: a body corporate established by or under
New Zealand law .
3: Effect of decision to alter provisional catch history
1: Section 52(3) other
2: Section 52(3)
d: If any appeals result in persons being
entitled to less individual transferable quota than the amount of
provisional individual transferable quota that was transferred to
the Crown under paragraph (a) section 47(1)(b) paragraph (c)
i: Calculate, on a pro rata basis, for all
persons (other than persons subject to the appeals and the Commission)
who received an allocation under section
47(1)(b) section 53(1)
ii: After making the calculation in subparagraph (i) section 47(1)(b) subparagraph (i)
iii: If any quota remains after allocation
under subparagraph (ii) section 47(1)(b) section 53(1)
3: Section 52(4)
a: By omitting from paragraph (b)(ii) the
word other
b: By inserting in paragraph (c), after
the words on a pro rata basis , up to the amount each person would receive
under section 53(1)
4: Section 52
4A: Any quota remaining unallocated under subsections (3)(d) and (4)(c)
is the property of the Crown subject to section 49
4: Calculation of entitlement to quota following appeal
Section 53
1: Every person entitled to receive a transfer of individual transferable
quota under section 52
a: An amount of individual transferable
quota for the stock concerned equivalent to the number of shares the
person would have received under section
47
b: An amount of shares equal to any shares
that would have been transferred by the chief executive under section 22(1) section 47 section 53(1)(a)
5: Determination or order not to affect quota allocated
to Commission
Section 55 of this Act (or part of such
quota)
6: Issue of licences
Section 83(3)
a: Must have regard to the previous offending
history (if any), in relation to fishing or transportation (whether
within the national fisheries jurisdiction of New Zealand or another
country, or on the high seas), of the vessel's owner, operator, master,
or crew; and .
7: All fishing to be authorised by fishing permit unless
specific exemption held
1: Section 89
8A: Subsections (4) to (8)
2: Section 89(11)
8: Right of review against decisions made under delegated
authority
Section 94
a: By inserting, after the words fishing permit or high seas fishing permit
b: By omitting the words of this Act or Part 6A
c: By omitting the words fishing permit holder holder of the permit
9: Registers
1: Section 98(1)
c: A register to be called the High Seas
Permit Register.
2: Section 98(4) Permit
Register or the High Seas
Permit Register
10: Matters to be shown in High Seas Permit Register
The principal
Act is amended by inserting, after section 101
101A: The High Seas
Permit Register must contain all the particulars required by regulations
made under section 297
11: Access to registers and application of Privacy Act
1993
Section 102(1) and the Fishing
Vessel Register , the Fishing Vessel Register, and the High Seas Permit
Register
12: Fishing vessels must be registered
Section 103(6) paragraph (a)
a: The previous offending history (if any),
in relation to fishing or transportation (whether within the national
fisheries jurisdiction of New Zealand or another country, or on the
high seas), of the vessel's owner, operator, foreign charterparty,
notified user, master, or crew; and .
13: Fish carriers must be registered
Section 105(5) paragraph (a)
a: The previous offending history (if any),
in relation to fishing or transportation (whether within the national
fisheries jurisdiction of New Zealand or another country, or on the
high seas), of the vessel's owner, operator, foreign charterparty,
notified user, master, or crew; and .
14: Presumption that fish on registered vessel caught
in New Zealand
The principal
Act is amended by repealing section 109
109:
1: For the purpose
of this Act, all fish, aquatic life, or seaweed on board, landed from,
or transferred to or from, a vessel registered under this Act or a
New Zealand ship is deemed to have been taken in New Zealand fisheries
waters and the provisions of this Act apply accordingly.
2: Subsection (1)
a: Unless the contrary is proved; and
b: Whether the fish, aquatic life, or seaweed
is found on board, or landed, or transferred within New Zealand or
New Zealand fisheries waters or elsewhere.
15: All fishing within foreign fishing jurisdiction to
be authorised
The principal
Act is amended by inserting, after section 113
113A:
1: No New Zealand
national, and no person using a ship that is registered under the Ship Registration Act 1992
2: Every person who contravenes subsection (1) commits an offence and
is liable to the penalty set out in section
252(3)
16: New Part inserted
The principal
Act is amended by inserting, after Part 6
6A: High seas fishing
113B: Interpretation
In this Part,
unless the context otherwise requires,— FAO
Compliance Agreement Flag
state
a: The state in which the vessel is registered,
or
b: If the vessel is unregistered, the state
whose flag the vessel flies: Foreign
high seas inspector
a: The Fish Stocks Agreement; or
b: The boarding and inspection procedures
of the organisation or arrangement: Global,
regional, or sub-regional fisheries organisation or arrangement Gazette section 113C International
conservation and management measures
a: Adopted by a global, regional, or sub-regional
fisheries organisation or arrangement; and
b: Notified in the Gazette section 113C Participating
state section 113C Serious
violation
113C: Notification and certification by Secretary
of Foreign Affairs and Trade
1: The Secretary of Foreign Affairs and Trade may from time to time,
by notice in the Gazette
a: A global, regional, or sub-regional fisheries
organisation or arrangement; or
b: International conservation and management
measures.
2: A notice given under subsection (1)
3: The Secretary of Foreign Affairs and Trade may sign a certificate
stating that a specified state is or is not—
a: A state that is a party to the Fish Stocks
Agreement; or
b: A state that is a party to the FAO Compliance
Agreement; or
c: A state that is a participant in, is
a member of, or has accepted the obligations of, a global, regional,
or sub-regional fisheries organisation or arrangement; or
d: A state that is a signatory to the Fish
Stocks Agreement or to the FAO Compliance Agreement, and has legislative
and administrative mechanisms to control its vessels on the high seas
in accordance with those agreements.
4: A certificate referred to in subsection
(3) Requirements
as to taking of fish on high seas
113D: Taking and transportation of fish, etc,
on high seas using New Zealand ships
1: No person may use a New Zealand ship, or a tender of that ship, to
take (by any method) on the high seas any fish, aquatic life, or seaweed
for sale, unless—
a: That person does so under the authority
of, and in accordance with, a current high seas fishing permit issued
in respect of that ship; and
b: The ship is registered—
i: Under the Ship Registration Act 1992
ii: In the Fishing Vessel Register as a fishing
vessel; and
c: The holder of the permit is named in
the Fishing Vessel Register as an operator of that vessel.
2: No person may use a New Zealand ship, or a tender of that ship, to
transport any fish, aquatic life, or seaweed on the high seas, unless—
a: That person does so under the authority
of, and in accordance with, a current high seas fishing permit issued
in respect of that ship; and
b: The fish, aquatic life, or seaweed was
taken—
i: On the high seas under the authority
of, and in accordance with, a high seas fishing permit; or
ii: In the national fisheries jurisdiction
of a foreign state under, and in accordance with, the laws of that
state; and
c: The ship is registered—
i: Under the Ship Registration Act 1992
ii: In the Fishing Vessel Register as either
a fish carrier or a fishing vessel; and
d: The holder of the permit is named in
the Fishing Vessel Register as an operator of that vessel.
3: Subsection (2)
4: No person may take or transport any fish, aquatic life, or seaweed
under the authority of a high seas fishing permit unless that person
is—
a: The holder of that permit; or
b: An employee or agent of the holder of
the permit; or
c: The master, or a member of the crew,
of the ship in respect of which the permit is in force.
5: Every person who contravenes subsection
(1) or subsection (2) or subsection (4) section 252(3)
113E: Use of foreign vessels on high seas by New
Zealand nationals
1: No New Zealand national may use a vessel that is not registered under
the Ship Registration Act 1992 subsection (2)
2: An authorisation may be issued—
a: By a state that is a party to the Fish
Stocks Agreement; or
b: By a state that is a party to the FAO
Compliance Agreement; or
c: By a state that is a party to, or has
accepted the obligations of, a global, regional, or sub-regional fisheries
organisation or arrangement to which the authorisation relates; or
d: By a state that—
i: Is a signatory to the Fish Stocks Agreement;
and
ii: Has legislative and administrative mechanisms
to control its vessels on the high seas in accordance with that agreement.
3: Every person who contravenes subsection
(1) section 252(3)
113F: Exemption from section 113E
1: The Minister may, on receipt of an application in the approved form
accompanied by the prescribed fee (if any), exempt a New Zealand national
from section 113E
a: The applicant is a citizen of another
country and that country has jurisdiction over the applicant's proposed
fishing activities on the high seas; and
b: New Zealand is not a participant in,
or a member of, or has not accepted the obligations of, a global,
regional, or sub-regional fisheries organisation or arrangement that
covers the area of the high seas in which the applicant proposes to
take or transport fish, aquatic life, or seaweed; and
c: The applicant has not engaged in fishing
or transportation—
i: In a manner that undermined the effectiveness
of international conservation and management measures; and
ii: That has resulted in a high seas fishing
permit, or an equivalent authorisation granted by a participating
state or a party to the FAO Compliance Agreement, being suspended
or revoked during the 3 years immediately preceding the application
( the 3-year period
d: The applicant has not engaged in fishing
or transportation on the high seas during the 3-year period—
i: Without a high seas fishing permit (or
equivalent authorisation granted by a participating state), if a high
seas fishing permit was required for that fishing or transportation;
and
ii: In a manner that undermined the effectiveness
of international conservation and management measures.
2: An exemption granted by the Minister must be limited to 1 or more
of the following, as specified in the exemption:
a: An area or areas of the high seas:
b: A species of fish, aquatic life, or seaweed:
c: A period of time.
3: The Minister may, by notice in writing to the holder of an exemption
granted under subsection (1)
4: Section 113E subsection (1) Issue
of high seas fishing permits
113G: Application for high seas fishing permit
An application
for a high seas fishing permit—
a: May be made only by the operator of a
vessel that is registered in the Fishing Vessel Register as either
a fish carrier or a fishing vessel; and
b: Must be made to the chief executive in
the approved form.
113H: Issue of high seas fishing permit
1: The chief executive may issue a high seas fishing permit only if
the chief executive is satisfied that—
a: The vessel to which the permit relates
is registered—
i: Under the Ship Registration Act 1992
ii: In the Fishing Vessel Register as either
a fish carrier or a fishing vessel; and
b: The applicant has not engaged in fishing
or transportation—
i: In a manner that undermined the effectiveness
of international conservation and management measures; and
ii: That has resulted in a high seas fishing
permit, or an equivalent authorisation granted by a participating
state or a party to the FAO Compliance Agreement, being suspended
or revoked during the 3 years immediately preceding the application
( the 3-year period
c: The applicant has not engaged in fishing
or transportation on the high seas during the 3-year period—
i: Without a high seas fishing permit (or
equivalent authorisation granted by a participating state), if a high
seas fishing permit was required for that fishing or transportation;
and
ii: In a manner that undermined the effectiveness
of international conservation and management measures.
2: Before issuing a high seas fishing permit, the chief executive may
have regard to—
a: The previous offending history (if any),
in relation to fishing or transportation (whether within the national
fisheries jurisdiction of New Zealand or another country, or on the
high seas), of the vessel's owner, operator, foreign charterparty,
notified user, master, or crew; and
b: Such other matters as the chief executive
considers relevant.
3: The chief executive may, but is not required to, issue a high seas
fishing permit to a person even though that person may—
a: Owe the Crown a levy payable under Part XIV
b: Have unpaid and overdue deemed value
amounts of more than $1,000; or
c: Hold a fishing permit that is subject
to conditions by virtue of or under section
78(1) or (2)
113I: Term and content of high seas fishing permit
1: A high seas fishing permit may be issued for a period not exceeding
5 years.
2: A high seas fishing permit must specify—
a: The name of the permit holder; and
b: The fishing vessel or fish carrier to
which the permit relates; and
c: Any conditions to which the permit is
subject under section 113K Compliance
with conditions and regulations
113J: Compliance with conditions and Regulations
1: A person taking fish, aquatic life, or seaweed under the authority
of a high seas fishing permit must comply with—
a: Any conditions to which the permit is
subject under section 113K
b: Any regulations made under section 297
2: Every person who contravenes a condition to which a high seas fishing
permit is subject under section 113K section 252(5)
113K: Conditions of high seas fishing permit
1: A high seas fishing permit may be subject to such conditions as the
chief executive considers appropriate, including conditions relating
to the following matters:
a: The areas in which fishing or transportation
is authorised:
b: The seasons, times, and particular voyages
during which fishing or transportation is authorised:
c: The species, size, age, and quantities
of fish, aquatic life, or seaweed that may be taken or transported:
d: The methods by which fish, aquatic life,
or seaweed may be taken:
e: The types, size, and amount of fishing
gear or equipment that may be used or carried, and the modes of storage
of that gear or equipment when not in use:
f: The use, transfer, transhipment, landing,
receiving, and processing of fish, aquatic life, or seaweed taken:
g: Procedures or requirements, or both,
enabling the verification of fish, aquatic life, or seaweed taken
or being taken by the vessel, including procedures or restrictions
relating to the species of, quantities of, or areas from which, fish,
aquatic life, or seaweed are being or have been taken by the vessel:
h: Entry by the vessel to New Zealand or
foreign ports, whether for the inspection of its catch or for other
purposes:
i: Reports and information required to be
given to the chief executive by the permit holder, and records required
to be kept by the permit holder:
j: Management controls regarding fishing-related
mortality of fish, aquatic life, or seaweed:
k: The conduct of specified programmes of
fisheries research:
l: The marking of the vessel and other means
for its identification:
m: The placing of observers on the vessel
and the payment of any associated prescribed fees and charges by the
permit holder:
n: The installation and maintenance of equipment
to monitor fishing or transportation under the permit and the payment
of any associated prescribed fees and charges by the permit holder:
o: The installation on the vessel and the
maintenance of any automatic location communicator or other equipment
for the identification and location of the vessel, and of adequate
navigational equipment to enable the vessel to fix its position, and
the payment of any associated prescribed fees and charges by the permit
holder:
p: The carriage on board the vessel of specified
charts, publications, and instruments:
q: The disposal of fish, aquatic life, and
seaweed:
r: Measures to give effect to international
conservation and management measures.
2: The chief executive may from time to time, by written notice to the
holder of a high seas fishing permit, amend, add to, or revoke any
conditions of the permit with effect from the date specified in the
notice.
3: If the chief executive considers it expedient to do so, the chief
executive may—
a: Require the high seas fishing permit
holder to surrender the permit; and
b: Replace that permit with a new permit
containing new conditions.
4: A condition imposed on a high seas fishing permit under this section
is not invalid merely because the condition is more restrictive or
more onerous than any conditions that are or may be imposed on fishing
by any regulations made under this Act.
113L: High seas fishing permit to be carried on
vessel
1: A person taking or transporting fish, aquatic life, or seaweed under
the authority of a high seas fishing permit must—
a: Carry the permit (or a copy of the permit)
on board the vessel to which the permit relates at all times; and
b: Show the permit to a fishery officer
or high seas fishery inspector or foreign high seas inspector on demand.
2: Every person who contravenes subsection
(1) section 252(5)
113M: Notification of change of ownership of vessel
1: The holder of a high seas fishing permit must notify the chief executive
within 5 working days of any change of ownership or operator of the
vessel to which the permit relates.
2: Every person who contravenes subsection
(1) section 252(6) Suspension
and revocation of high seas fishing permits
113N: Chief executive may suspend or revoke high
seas fishing permit
1: The chief executive may revoke a high seas fishing permit if the
chief executive is satisfied that any information or evidence supplied
with the application for the permit was false or misleading in any
material particular.
2: The chief executive may suspend or revoke a high seas fishing permit
if the chief executive is satisfied that—
a: The vessel to which the permit relates
is no longer—
i: Registered under the Ship Registration Act 1992
ii: Registered in the Fishing Vessel Register
as either a fish carrier or a fishing vessel; or
b: The permit holder, or any person authorised
to fish under the authority of the permit, has been convicted of an
offence against this Part; or
c: The permit holder has been convicted
of a fishing-related offence under the laws of a country other than
New Zealand; or
d: The permit holder is no longer the owner
or operator of the vessel.
3: A person may, in writing, request that the chief executive revoke
a high seas fishing permit issued to that person.
4: A request made under subsection (3)
113O: Procedure to be followed before suspending
or revoking permit
Before suspending
or revoking a high seas fishing permit under section 113N(1) or (2)
a: Give the permit holder not less than
7 days' notice in writing of the chief executive's intention to suspend
or revoke the permit; and
b: Include in or with the notice a statement—
i: Of the chief executive's reasons; and
ii: Of the date on which the permit will
be revoked or suspended; and
iii: In the case of suspension of the permit,
of the period for which the permit will be suspended; and
c: Give the permit holder a reasonable opportunity
to make submissions to the chief executive; and
d: Consider any submissions made to the
chief executive by the permit holder.
113P: Effect of suspension or revocation of permit
1: Where the chief executive revokes a high seas fishing permit under section 113N
a: The high seas fishing permit is cancelled
immediately and ceases to have any effect for the purposes of this
Act; and
b: The permit holder must ensure that the
permit and any copies of the permit are surrendered immediately to
the chief executive.
2: Where the chief executive suspends a high seas fishing permit under section 113N
a: The suspension is for the period specified
by the chief executive under section 113O(b)
b: The permit does not authorise fishing
or transportation; but
c: The obligations and conditions to which
the permit is subject, or that are imposed by or under this Act in
relation to the permit, continue to have effect.
3: Nothing in this section requires the chief executive to remit or
refund any fees, charges, or levies paid or payable by the permit
holder for the period from the date of issue of the permit to the
date of revocation. High
seas fishery inspectors
113Q: High seas fishery inspectors
1: Every fishery officer (other than an honorary fishery officer or
an examiner) is a high seas fishery inspector.
2: A high seas fishery inspector may direct a person under his or her
command to carry out such duties of a high seas fishery inspector
as he or she specifies, for such period as he or she thinks necessary.
3: A person who receives a direction under subsection (2)
113R: Powers of high seas fishery inspectors in
relation to New Zealand vessels
For the purposes
of the administration and enforcement of this Part, a high seas fishery
inspector has all of the powers of a fishery officer in relation to
a vessel on the high seas that—
a: Is registered under the Ship Registration Act 1992
b: Flies the New Zealand flag.
113S: Powers of high seas fishery inspectors in
relation to foreign vessels
1: A high seas fishery inspector may, for the purpose of ensuring compliance
with international conservation and management measures adopted by
a global, regional, or sub-regional fisheries organisation or arrangement
of which New Zealand is a member or in which New Zealand is a participant,
board and inspect a vessel in an area of the high seas that is covered
by that organisation or arrangement, or in New Zealand fisheries waters,
if—
a: The vessel is not registered under the Ship Registration Act 1992
b: The flag state of the vessel is—
i: A party to the Fish Stocks Agreement,
whether or not the flag state is a member of, or a participant in,
that organisation or arrangement; or
ii: A member of, or participant in, a global,
regional, or sub-regional organisation or arrangement that has established
boarding and inspection procedures as provided in Article 21.2 of
the Fish Stocks Agreement.
2: If the flag state in relation to a vessel to which subsection (1)
a: All of the powers of a fishery officer;
or
b: If the flag state specifies the powers
of a fishery officer that the high seas fishery inspector may exercise,
those powers.
113T: Boarding and inspection procedures relating
to foreign vessels
1: A high seas fishery inspector who boards a vessel under section 113S(1)
a: Give the master of the vessel evidence
of the inspector's identity and of the fact that he or she is a high
seas fishery inspector; and
b: Provide to the master of the vessel a
copy of a report on the boarding and inspection, including any objection
or statement that the master has advised the high seas fishery inspector
that the master wishes to have included in the report; and
c: Promptly leave the vessel after completing
the inspection unless he or she finds evidence that the vessel has
committed a serious violation.
2: The chief executive must provide a copy of the report referred to
in subsection (1)(b)
3: At the time of a boarding and inspection under section 113S(1)
4: A high seas fishery inspector must not interfere with any attempt
by the master of the vessel to communicate with the authorities of
the flag state of the vessel during the boarding and inspection.
5: When undertaking a boarding and inspection under section 113S(1)
a: The vessel; and
b: The vessel's authorisation to fish, or
transport fish, aquatic life, or seaweed, in the relevant area of
the high seas; and
c: The vessel's fishing gear and equipment;
and
d: Facilities; and
e: Fish and fish products; and
f: Records and other relevant documents.
113U: Investigation of serious violations
1: If, as a result of a boarding and inspection under section 113S(1)
a: The high seas fishery inspector must
notify the chief executive as soon as practicable; and
b: The chief executive must advise the authorities
of the flag state of the vessel as soon as practicable.
2: A high seas fishery inspector may remain on board the vessel and
may require the master to assist in further investigations for so
long as the flag state—
a: Fails to respond to a notification under subsection (1)
b: Fails to take action under its own law
in respect of the serious violation.
3: The high seas fishery inspector may require the master to bring the
vessel without delay to a port specified by the high seas fishery
inspector if the flag state fails, within 3 working days after receipt
by the authorities of the flag state of the notification, to—
a: Respond to a notification under subsection (1)
b: Take action under its own law in respect
of the serious violation.
4: In this section, working
day
a: Saturday or Sunday; or
b: A public holiday in that state.
113V: Boarding and inspection procedures modified
by global, regional, or sub-regional fisheries organisation or arrangement
1: This section applies where—
a: A global, regional, or sub-regional fisheries
organisation or arrangement of which New Zealand is a member, or in
which New Zealand is a participant, establishes procedures for boarding
and inspection of vessels as provided in Article 21.2 of the Fish
Stocks Agreement; and
b: A high seas fishery inspector boards
and inspects a foreign vessel under section
113S(1)
2: To the extent that the procedures established by the organisation
or arrangement are different from the requirements of section 113T or section 113U
113W: Persons on New Zealand ships to co-operate
with foreign high seas inspectors
1: The master of a ship must co-operate with a foreign high seas inspector
appointed by a participating state that is a member of or participant
in a global, regional, or sub-regional fisheries organisation or arrangement
where—
a: The ship—
i: Is registered under the Ship Registration Act 1992
ii: Flies the New Zealand flag; and
b: The ship is on the high seas in an area
covered by that organisation or arrangement; and
c: The organisation or arrangement has not
established procedures for boarding and inspecting vessels as provided
in Article 21.2 of the Fish Stocks Agreement.
2: The master of a ship must co-operate with a foreign high seas inspector
appointed in relation to an area covered by a global, regional, or
sub-regional fisheries organisation or arrangement where—
a: The ship—
i: Is registered under the Ship Registration Act 1992
ii: Flies the New Zealand flag; and
b: The ship is on the high seas in an area
covered by the organisation or arrangement; and
c: The organisation or arrangement has established
procedures for boarding and inspecting vessels as provided in Article
21.2 of the Fish Stocks Agreement.
3: Every person on a ship to which subsection
(1) or subsection (2)
a: Accept and facilitate prompt and safe
boarding of the ship by the foreign high seas inspector; and
b: Co-operate with and assist in the inspection
of the vessel; and
c: Not obstruct, intimidate, or interfere
with the foreign high seas inspector in the performance of his or
her duties; and
d: Allow the foreign high seas inspector
to communicate with the authorities of New Zealand and of the state
that appointed the inspector; and
e: Provide reasonable facilities to the
foreign high seas inspector, including food and accommodation (where
appropriate); and
f: Facilitate safe disembarkation from the
ship by the foreign high seas inspector.
4: Every person who contravenes subsection
(1), subsection (2), or subsection (3) section 252(3)
113X: Powers of foreign high seas inspector when
requested to investigate
1: The chief executive may authorise a foreign high seas inspector to
investigate a ship that is registered under the Ship Registration Act 1992
a: The inspector has boarded the ship under—
i: The Agreement; or
ii: Boarding and inspection procedures established
as provided in Article 21.2 of the Agreement; and
b: The chief executive receives a report
from the inspector stating that there is evidence that the ship has
taken or transported fish, aquatic life, or seaweed in contravention
of international conservation and management measures.
2: If the chief executive authorises the foreign high seas inspector
to investigate under Article 21.6(b) of the Fish Stocks Agreement,—
a: The foreign high seas inspector has the
powers of a fishery officer in relation to the ship; and
b: The chief executive must advise the master
of the ship as soon as practicable.
3: For the purposes of any proceedings for an offence under this Part,
evidence obtained by a foreign high seas inspector in the exercise
of powers under this section is admissible as if the evidence were
obtained by a fishery officer.
113Y: Chief executive may withdraw authorisation
to fish under high seas fishing permit
1: This section applies where the chief executive receives a report
from a foreign high seas inspector that a person on a ship is—
a: Failing to comply with section 113W
b: Failing to co-operate with or obstructing
the foreign high seas inspector in the exercise of his or her powers
under—
i: The Fish Stocks Agreement; or
ii: Boarding and inspection procedures established
as provided in Article 21.2 of the Agreement.
2: The chief executive may, by notice to the master of the ship (which
notice may be given orally or by any form of electronic communication),
suspend the high seas fishing permit under which the ship is taking
or transporting fish. Administrative
penalties
113Z: Administrative penalties for high seas fisheries
offences
1: This section—
a: Applies in respect of an offence against
this Part that carries a penalty of a fine not exceeding $250,000;
but
b: Does not apply in respect of an alleged
offence if an information or charge has been laid in respect of the
alleged offence.
2: The chief executive may cause notice in writing, in the approved
form, to be served on a person if the chief executive has reasonable
cause to believe that—
a: An offence to which this section applies
may have been committed by that person; and
b: Having regard to all the circumstances
relating to the alleged offence, it is minor; and
c: Having regard to the previous conduct
of the vessel and of that person, it would be appropriate to impose
a penalty under this section.
3: A notice given under subsection (2)
a: Contain—
i: The date and nature of the alleged offence;
and
ii: A summary of the facts on which the allegation
that an offence has been committed is based, which summary is sufficient
to fully and fairly inform the person of the allegation against him
or her; and
iii: Any other matters (other than previous
convictions) that the chief executive considers relevant to the imposition
of a penalty; and
b: Be endorsed with a statement setting
out the provisions of this section and sections 113ZA to 113ZC
113ZA: Right to require that offence be dealt with
by court
1: Within 28 days after a notice under section
113Z
2: No further proceedings may be taken under section 113ZC
a: A person gives notice in accordance with subsection (1)
b: The person does not, within 28 days after
a notice under section 113Z section 113ZB
3: Nothing in this section prevents—
a: The subsequent laying of an information
or charge in respect of the alleged offence; or
b: The conviction of the person of the offence
by a court; or
c: The imposition of a penalty under an
enactment, or forfeiture under this Act, on such a conviction.
113ZB: Admission of offence
A person on
whom a notice under section 113Z section 113Z
a: Admit the offence; and
b: Make submissions to the chief executive
as to the matters the person wishes the chief executive to take into
account in imposing a penalty under section
113ZC
113ZC: Amount of administrative penalty
1: If the person admits an offence under section 113ZB
2: If the chief executive imposes a penalty on a person under this section
in respect of an offence, the chief executive must cause a notice
in writing, in the approved form, of the particulars of the penalty
to be served on the person.
3: A person on whom a penalty is imposed under this section must pay
the amount of the penalty to the Crown within 28 days after the notice
of the penalty is served on the person in accordance with subsection (2)
4: Despite subsection (3)
5: Despite the provisions of this Act, or any other enactment, where
a person admits an offence under section
113ZB Other
matters
113ZD: Visits by foreign ships
1: The master of a fishing vessel or fish carrier that is not a New
Zealand ship, a New Zealand fishing vessel, or a registered fish carrier,
who intends to bring the vessel into the internal waters of New Zealand,
must give the chief executive at least 72 hours' notice, in the approved
manner, of his or her intention to do so.
2: If the chief executive is satisfied that a vessel has undermined
international conservation and management measures, the chief executive
may, by notice to the master of a vessel to which subsection (1)
a: Not to enter the internal waters of New
Zealand; or
b: If it has entered the internal waters
of New Zealand, to leave those waters.
3: If the Minister is satisfied on reasonable grounds that it is necessary
for the purpose of the conservation and management of fish, aquatic
life, or seaweed, the Minister may, by notice in the Gazette
4: The master of a vessel to which a notice under subsection (2) or subsection (3) section 252(5)
5: This section does not prevent a vessel from entering or remaining
in the internal waters of New Zealand for such period as is necessary
for the purposes of obtaining the food, fuel, and other goods and
services necessary to enable the vessel to proceed safely and directly
to a port outside New Zealand.
113ZE: Consent of Attorney-General required for
certain proceedings
1: This section applies to proceedings for offences under the following
sections:
a: Section 113A
b: Section 113E
2: Despite anything in any other enactment, those proceedings may not
be instituted in any court except with the consent of the Attorney-General
and on the Attorney-General's certificate that it is expedient that
the proceedings should be instituted. 1996 No 22 s 27
113ZF: Authorised agent
A document required
to be served on the holder of a high seas fishing permit is deemed
to have been duly served if it is—
a: Delivered to a representative person
for the time being specified under section
103(2)(c) or section 105(2)(c)
b: Sent to that person by post at the address
notified or last notified to the chief executive; or
c: Left for that person at that address.
17: Persons who are required to keep records and returns
Section 189
i: Holders of high seas fishing permits
issued under section 113H
j: Holders of exemptions granted under section 113F
18: Disposal of fish by commercial fishers
1: Section 191 subsection (1)
1A: In this section and section 192 commercial fisher section 113H
2: Section 191(5)(c) ; or
3: Section 191(5)
d: Lawfully taken on the high seas and landed
in any country other than New Zealand before being brought into New
Zealand; or
e: Lawfully taken on the high seas and transhipped
in accordance with a high seas fishing permit issued under section 113H
19: Powers may be exercised outside New Zealand fisheries
waters
The principal
Act is amended by inserting, after section 198
198A: To avoid doubt,
the powers of a fishery officer conferred by or under this Part may
be exercised in relation to any conduct, whether or not the conduct
occurred in New Zealand fisheries waters.
20: Fishery officer to provide identification
Section 217 officer or high seas
fishery inspector
21: Production of warrant to be sufficient authority
to act
The principal
Act is amended by repealing section 218
218: The production
by a fishery officer, honorary fishery officer, or examiner of a warrant
issued to him or her under section 198
22: Persons to assist fishery officers
Section 219 officer or high seas
fishery inspector
23: Protection of fishery officer from liability
1: Section 220(1) officer or high seas fishery inspector
2: Section 220(2) section 196(3) or under the directions of a high seas fishery
inspector under section 113Q(3)
3: Section 220(3) officer or high seas fishery inspector
4: Section 220 subsection (4)
4: The Crown may not be held directly or indirectly liable for an act
or omission of any such fishery officer, high seas fishery inspector,
or person, unless the officer, inspector, or person would himself
or herself incur liability for the act or omission.
24: Complaints against fishery officers
1: Section 221 subsection (1)
1: A person may lodge a complaint in writing with the chief executive
if the person believes that a fishery officer or a high seas fishery
inspector is guilty of misconduct or neglect of duty in the exercise,
or alleged exercise, of—
a: A power conferred on fishery officers
by this Part; or
b: Any other powers conferred on high seas
fishery inspectors by Part 6A
2: Section 221 officer subsections (3) (4) or high seas fishery inspector
3: Section 221 subsection (5)
5: The chief executive must, after receiving the investigator's report
and after giving the fishery officer or high seas fishery inspector
concerned the opportunity to comment on it,—
a: Decide whether the complaint should be
upheld in whole or in part; and
b: Notify the fishery officer, or high seas
fishery inspector, and the complainant of the chief executive's decision.
25: Penalties
1: Section 252(3) paragraph (h)
ha: Section 113A(2)
hb: Section 113D(5)
hc: Section 113E(3)
hd: Section 113W(4) .
2: Section 252(5) paragraph (ha)
hb: Section 113J(2)
hc: Section 113L(2)
hd: Section 113ZD(4) .
3: Subsection (3) repealed 1 October 2001 23 Fisheries Amendment
Act 2001
26: General regulations
1: Section 297(1) paragraph (c)
ca: Requiring the installation and maintenance
of equipment to monitor fishing or transportation and the payment
of any associated prescribed fees and charges: .
2: Section 297(1) paragraph (o)
oa: Implementing or giving effect to provisional
measures of an international court or tribunal: .
3: Section 297(1)(s) Permit
Register, the High Seas
Permit Register,
4: Section 297 subsection (3)
3: Without limiting anything in this section or section 299(1)
a: Fishing to which Part V
b: New Zealand nationals and New Zealand
ships when they are outside New Zealand fisheries waters.
27: Amendments to update Schedule 1A
The principal
Act is amended by inserting, after section 299
299A:
1: The Governor-General
may from time to time, by Order in Council,—
a: Amend Schedule
1A
b: Revoke Schedule
1A
2: An order made under subsection (1) Acts and Regulations Publication Act 1989 Regulations (Disallowance) Act 1989
28: General provisions as to regulations
Section 302(1) waters , generally throughout the high seas,
29: Transitional provisions relating to registration
of vessels where consent required under section 57(8) of Fisheries
Act 1983
Section 332(4) paragraph (a)
a: The previous offending history (if any),
in relation to fishing or transportation (whether within the national
fisheries jurisdiction of New Zealand or another country, or on the
high seas), of the vessel's owner, operator, foreign charterparty,
notified user, master, or crew; and .
30: Transitional period for registration of mortgages
Section 350(2)(b) 6 months 3 months
31: Transitional offences and penalties
1: Section 361(1) section 16(6) or any provision of Part 6A
2: Section 361(1)(a) section 16(6) or section 113J(2)
or section 113L(2) or section 113ZD(4)
3: Section 361(1)(b) section 121(3) or section 113M(2)
4: Section 361(1)(d) section 79 Fisheries Act 1996 Amendment Act 1999 against section 113A(2) or section 113D(5)
or section 113E(3) or section 113W(4)
32: Allocation of quota
Section 363
4: Despite section 53(1) section 52
a: Calculate the percentage of the total
allowable commercial catch the person would have received under section 47 section 47
b: Allocate the quota weight equivalent
of the percentage calculated under paragraph
(a) section 52
33: Further provisions relating to allocation of quota
Section 364 subsection (2)
2A: On and from 30 September 1999, the provisions of sections 28S and 28W of the Fisheries Act 1983 sections 52 and 53 of this Act sections 28OD and 28OE of the Fisheries Act 1983
34: New schedule inserted
The principal
Act is amended by inserting, before Schedule 1 Schedule 1A
35: Schedule 6 amended
Schedule 6 Freshwater eel ( Anguilla australis Anguilla dieffenbachii Anguilla reinhardtii All New Zealand fisheries waters A commercial fisher may return any freshwater eel of legal
size to the waters from which it is taken if— (a) That eel is likely to survive on return;
and (b) The return takes place as soon as practicable
after the eel is taken.
36: Revocation of notice relating to scampi
The following
provisions of the Fisheries (Declaration of New Stock Subject to Quota Management System)
Notice 1997
a: Clauses 2(b) 3(3)
b: So much of the Schedule