Fisheries (Remedial Issues) Amendment Act 1998

1: Short Title and commencement
1: This Act may be cited as the Fisheries (Remedial Issues) Amendment Act 1998, and is part of the Fisheries Act 1996 the principal Act
2: Sections 5 to 8 14 15 20 21 25 26 28 30 section 1(2)
3: The other provisions of this Act come into force on the day on which this Act receives the Royal assent.
2: Interpretation
1: This subsection amended the definition of the term fishing year
2: This subsection amended the definition of the term total allowable commercial catch
3: Sustainability measures
This section amended s 11(5)
4: Total allowable catch
1: This subsection amended s 13(1)
2: This subsection substituted s 13(2)(b)
3: This subsection amended s 13(4)
4: This subsection amended s 13(7)
5: This subsection amended s 13(8)
6: This subsection inserted s 13(10)
5: Setting and variation of total allowable commercial catch
Section 20(1) , or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26
6: Matters to be taken into account in setting or varying any total allowable commercial catch
Section 21 subsection (4)
4: When allowing for Maori customary non-commercial interests under subsection (1)
a: Any mataitai reserve in the relevant quota management area that is declared by the Minister by notice in the Gazette section 186
b: Any area closure or any fishing method restriction or prohibition in the relevant quota management area that is imposed by the Minister by notice in the Gazette section 186A
7: Alteration of quota management areas
Section 25(3) ; and paragraph (d)
e: The quota owners have also notified their intention to seek an alteration to all persons who are noted on the Quota Register as having an interest in the quota to which the proposed alteration relates.
8: Effect on quota if quota management area altered
1: Section 26 subsection (2)
2: Subject to sections 43 and 52 section 25(4)
a: Is to be in the form in which the quota was held immediately before the alteration in the quota management area takes effect; and
b: Takes effect at the same time as that alteration.
2: Section 26(3)(b) paragraph (b)
b: To be given a schedule that sets out the allocation of quota shares to all other quota owners for each new stock by reference to the proportion of shares provided for in the quota owner agreement referred to in section 25(4) .
9: Qualifying years
This section substituted s 33(a)
10: Notification of eligibility to receive provisional catch history
1: This subsection substituted s 35(2)(e)
2: This section amended s 35(3)
3: This section amended s 35(6)
11: Notification of allocation of provisional catch history
This section amended s 36(1)(a)
12: Transfer of provisional catch history
Section 12 repealed 1 October 2001 7 Fisheries Amendment Act 2001
13: Unallocated total allowable commercial catch to be held by Crown
This section amended s 49(3)
14: Rights of Crown in relation to quota
Section 50 subsection (1)
1: Without limiting any other provision of this Act, the chief executive may, on behalf of the Crown,—
a: Purchase any individual transferable quota or provisional catch history:
b: Hold any quota allocated or acquired, or any provisional catch history, without being obliged to offer it to any person:
c: Transfer any individual transferable quota or provisional catch history held by or on behalf of the Crown:
d: Cancel any provisional catch history held by the Crown (and notify the Registrar accordingly).
15: Licensing offences
Section 84 subsection (1)
1: No person may take any fish, aquatic life, or seaweed within the exclusive economic zone using a foreign fishing vessel except—
a: Under the authority of—
i: A licence issued under section 83
ii: If the vessel is used for the purposes of fisheries research or experimentation (including gear and equipment trials) or recreation, the prior written consent of the Minister; and
b: In accordance with any conditions of that licence or consent.
16: Regulations relating to customary fishing
This section substituted s 186(2)(a)
17: Temporary closure of fishing area or restriction on fishing methods
This section inserted s 186A
18: Conversion factors
This section amended s 188(1)
19: Accounts, records, returns, and other information
This section inserted s 190(2)
20: General powers
Section 215(2)(c) to the extent specified in subsection (3) of this section
21: Penalties
1: Section 252(3) paragraph (h)
ha: Section 190(2) .
2: Section 252(5) paragraph (h)
ha: Section 186A(8) .
3: Section 252(5) paragraph (l)
la: Sections 312 and 313 .
4: Section 252(5)
o: Section 369
5: Subsection (5) repealed 1 October 2001 23 Fisheries Amendment Act 2001
22: Consultation on fisheries services required before levy order (other than amending order) made
a: This paragraph amended s 266(2)
b: This paragraph amended s 266(3)
c: This paragraph amended s 266(4)
23: Consultation on services to be performed by outside agencies
This section substituted s 269
24: General regulations
This section amended s 297(1)(p)
25: Prohibition on taking southern scallops for sale outside scallop season
This section inserted s 312(4)
26: Closure of southern scallop fishery
This section inserted s 313(3)
27: Transitional provisions relating to registration of vessels where consent required under
section 57(8) Fisheries Act 1983 This section inserted s 332(6)(ba)
28: Provisions relating to registration of leases
Section 28 repealed 1 October 2001 35(4) Fisheries (Remedial Issues) Amendment Act 2001
29: Transitional offences and penalties
This section amended s 361(1)
30: Allocation of quota for bait
Section 362(6) section 339 section 343
31: Southern scallop enhancement programme
This section amended s 366(1)
32: Allocation of Northland scallop quota
This section inserted s 369(7)
33: Schedule 1
1: This subsection inserted the notes section of Schedule 1
2:
a: This paragraph amended paragraph (d) of the item Fishery Management Area 9—Auckland (West) in Part 1
b: This paragraph amended paragraph (d) of the item Fishery Management Area 2B—Central (Wairarapa) in Part 2
c: This paragraph amended paragraph (d) of the item Quota Management Area CRA 1—Northland in Part 3
d: This paragraph amended the item Quota Management Area CRA 3—Gisborne in Part 3
e: This paragraph amended paragraph (b) of the item Quota Management Area SCA 1—Northland Scallop Fishery in Part 3
34: Schedule 9 This section amended Part 2 Amendments to other Acts, etc
35: Fisheries Act 1983
1: This subsection amended paragraph (a) fishing year
2: This subsection repealed the definition of the term PAU 5A Fisheries Act 1983
3: This subsection substituted the definition of the term quota management area Fisheries Act 1983
4:
a: This paragraph amended ss 28BA(1) 28CA(1) Fisheries Act 1983
b: This paragraph amended s 28BB(1) Fisheries Act 1983
c: This paragraph amended s 28CA Fisheries Act 1983
5: This subsection inserted s 28W(10) Fisheries Act 1983
6: Section 2(3) Fisheries Amendment Act (No 2) 1992
36: Marine Mammals Protection Act 1978 This section inserted s 3H(1)(o) Marine Mammals Protection Act 1978
37: Resource Management Act 1991 This section amended s 30(2) Resource Management Act 1991
38: Fisheries regulations amended
1: This subsection amended rule 1(b) of Schedule 2 of the Fisheries (Catch Against Quota) Regulations 1993 (SR 1993/28)
2: Notwithstanding section 272 regulation 14(2) of the Fisheries (Cost Recovery Levies) Order 1996 (SR 1996/267) regulation 7 of the Fisheries (Cost Recovery Levies) Order 1996
3: The regulations amended by this section may be amended as if the amendments made by this section had been effected by regulation and not by this section.