Fisheries Amendment Act 2000

1: Title
This Act is the Fisheries Amendment Act 2000.
2: Commencement
1: Except as provided in subsection (2)
2: Section 31
1: Amendments to
Fisheries Act 1996
3: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
4: Purpose of this Part
The purpose of this Part is—
a: to provide for a process for the introduction into the quota management system of, and allocation of quota for, the stocks listed in Schedule 4
b: to introduce freshwater eel in the South Island into the quota management system.
5: Interpretation
Section 2(1) fishing year paragraph (a)
aa: in relation to freshwater eel subject to an Order in Council under section 369L(1) .
6: Notification of eligibility to receive provisional catch history
Section 35 subsections (6) (7)
6: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G subsection (1)
7: Criteria of eligibility to receive provisional catch history for stock controlled by individual catch entitlement
Section 39 subsections (2) (3)
2: Despite anything in this Part, quota for a stock listed in the Fourth Schedule sections 50A to 50G
8: Commission entitled to 20 percent of total new quota
1: Section 44(2) Every Subject to subsection (3)
2: Section 44
3: Every allocation under subsection (1) section 50A
a: the chief executive determines, under section 50E
b: the holdings of quota shares of persons other than the Crown are reduced proportionately and transferred to the Crown under section 50F
9: Allocation of quota on basis of provisional catch history
Section 47(1) Not less than 20 working days Subject to sections 50A to 50G
10: Notification of allocation of quota
Section 48 subsection (2)
2: This section is subject to section 50C
11: New heading and
sections 50A to 50G The principal Act is amended by inserting, after section 50 Special provisions relating to allocation of quota for certain Fourth Schedule stocks
50A: Notification of allocation of provisional catch history
1: This section applies to a stock to which section 35(6) or section 39(2)
2: As soon as practicable after the chief executive makes the determination referred to in section 35(6) or section 39(2)
a: section 35(1) to (5) and section 36
b: section 41
3: In this section, South Island freshwater eel Part 2 of the Fisheries Amendment Act 2000
50B: Allocation of quota on basis of provisional catch history
1: As soon as practicable after the relevant date referred to in section 36(3) section 41(2) section 50A
2: The amount of quota allocated to a person under subsection (1)
a: must be expressed as shares; and
b: subject to section 43
i: the number of shares the quota weight equivalent of which is equivalent to the person's provisional catch history for the stock; or
ii: the number of shares that bears the same proportion to 100 000 000 shares of quota for the stock as the person's provisional catch history bears to the total provisional catch history held by persons who are eligible to receive quota for the stock.
3: If an appeal has been lodged in respect of a person's provisional catch history and that person is eligible to receive quota for that stock, then the quota allocated to that person is provisional individual transferable quota.
4: Except as provided in subsection (3)
5: On and from the date of allocation of quota under this section, provisional catch history is conclusive and is permanently fixed for all purposes if the provisional catch history is—
a: held by a person who is allocated individual transferable quota under subsection (1)
b: registered in that person's name on the date of allocation.
6: Quota allocated under this section has effect only for the purposes of sections 50C to 50G
50C: Notification of allocation of quota
As soon as practicable after making an allocation of quota under section 50B
a: the matters specified in paragraphs (a) to (d) of section 48
b: that the person may sell individual transferable quota for the stock to the Crown under section 50D
50D: Quota holders may offer individual transferable quota to the Crown
1: No later than 10 working days after the date of the notice referred to in section 50C section 50A
2: The chief executive may not—
a: pay a sum in consideration for the transfer that is equivalent to a rate per quota share that exceeds the rate specified for the species in Schedule 4A
b: accept the transfer if the unencumbered quota that would be held by the Crown (excluding any quota held as a result of a dispute under section 38
50E: Chief executive to determine whether more than 80 000 000 quota shares held by other quota owners
1: As soon as practicable after the close of the 10-working day period referred to in section 50D(1) section 38
2: If the chief executive determines that the number of unencumbered quota shares that are held either by persons other than the Crown or by the Crown as a result of a dispute under section 38 section 50B
a: that a determination has been made under this section; and
b: of the amount of the person's holding of quota for that stock as at the date on which the notification is given.
3: For the purposes of this Act, a notification under subsection (2) section 47(1)(b)
50F: Crown acquisition of quota where more than 80 000 000 quota shares held by other quota owners
1: If the chief executive determines, under section 50E(1) section 38 subsection (2)
a: to be transferred from each person to the Crown; and
b: by which each person's holding of quota for the stock will be reduced.
2: The number of quota shares by which a person's holding of quota must be reduced and which must be transferred to the Crown under subsection (1) (a - 80 000 000) x b — a where—
a: is the total number of quota shares for the stock held either by persons other than the Crown or by the Crown as a result of a dispute under section 38
b: is the number of quota shares for the stock held by the person.
3: All quota transferred to the Crown under this section is transferred to the Crown as individual transferable quota, whether the quota was allocated to the person as individual transferable quota or as provisional individual transferable quota.
4: As soon as practicable after a person's holding of quota is reduced under this section, the chief executive must notify the person of—
a: the amount of the reduction; and
b: the amount of the person's holding of quota for that stock following the reduction.
5: For the purposes of this Act, the notification under subsection (4)(b) section 47(1)(b)
50G: Compensation for reduction of quota
1: Every person whose holding of quota for a stock is reduced under section 50F Schedule 4A
2: The Crown is not liable to pay to any person whose holding of quota is reduced under section 50F subsection (1)
3: Compensation payable to a person under subsection (1)
12: Calculation of entitlement to quota following appeal
1: Section 53(2) of this section or subsection (3)
2: Section 53
3: Despite subsection (1) section 52 Fourth Schedule
a: the number of shares the quota weight equivalent of which is equivalent to that person's revised provisional catch history for the stock; or
b: the number of shares calculated in accordance with the following formula: a x 80 000 000 —————————————— b - (c x d÷e) where—
a: is the person's revised provisional catch history
b: is the total revised provisional catch history held by persons eligible to receive quota for the stock
c: is the total number of quota shares transferred by quota holders to the Crown under section 50D
d: is the total provisional catch history held at the time of the allocations under section 50B
e: is the lesser of—
i: d:
ii: the total allowable commercial catch at the time of the allocations under section 50B
13: Transitional offences and penalties
Section 361(1)
a: by inserting, after the expression section 121(3) or any provision of Part XII
b: by inserting in paragraph (a) of this Act or of Part XII
14: Allocation of quota
1: Section 363(1) 49, 50A to 50G,
2: Section 363(2) paragraph (f)
fa: the reference in section 44(3)(a) .
3: Section 363(2)
j: section 50B(2)(b)(i) the number of shares the quota weight equivalent of an amount of quota
k: the reference in section 50B(2)(b)(ii)
l: the reference in section 50D(2)(a)
m: the reference in section 50D(2)(b)
n: the references in sections 50E and 50F(1)
o: the reference in section 50F(2)
p: the reference in section 50G
q: section 53(3)(a) the number of shares the quota weight equivalent of an amount of quota
r: the reference in section 53(3)(b)
s: the reference in paragraph (a) of the definition encumbered section 2(1)
i: to forfeiture under this Act must be read as if it were a reference to forfeiture under section 107B of the Fisheries Act 1983
ii: to the period of 35 working days referred to in section 62(3) or section 256(3) of this Act section 107C of the Fisheries Act 1983
15: Further provisions relating to allocation of quota
Section 364
5: If the holder of any individual transferable quota that is subject to a reduction under section 52
a: the right to take fish conferred on that person by that quota is reduced proportionately to the reduction in the quota of the holder of the quota; and
b: any right to take fish conferred on any person under any sublease of the quota is reduced proportionately to the reduction in the quota of the person granting the sublease.
6: If the holder of any quota that is reduced under section 52
7: The provisions of section 28OD(6), (7), and (8) of the Fisheries Act 1983 subsections (5) and (6) section 28OB or section 28OC of that Act
16: New
sections 369I to 369M The principal Act is amended by inserting, after section 369H
369I: South Island freshwater eel subject to quota management system
1: On 1 October 2000, freshwater eel in quota management areas ANG11 to ANG16 becomes subject to the quota management system under Part IIA of the Fisheries Act 1983
2: Quota for freshwater eel in those quota management areas must be allocated in accordance with Part 2 of the Fisheries Amendment Act 2000
3: Subject to Part 2 of the Fisheries Amendment Act 2000 Part IV of this Act sections 30 to 55 Gazette section 18
4: The fishing year for freshwater eel in those quota management areas is the year commencing on 1 October and ending with 30 September.
5: The total allowable commercial catch and annual catch entitlements for freshwater eel in those quota management areas are to be expressed in greenweight.
369J: Transitional provision relating to increase of total allowable catch for freshwater eel
1: If the Minister increases the total allowable catch for freshwater eel under section 13(7)
2: An increase in the total allowable commercial catch for freshwater eel under subsection (1) section 28OE of the Fisheries Act 1983
3: Where, following an increase under section 13(7) section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch for that stock for the purposes of section 28OD of the Fisheries Act 1983
4: Despite subsection (3) section 13(7) Part VIII section 13(8)
a: the total allowable commercial catch must be decreased, with effect from the first day of the next fishing year, by the amount by which it was increased as stated by the Minister under subsection (1)
b: that decrease is a decrease in the total allowable commercial catch under section 20
369K: Expiry of
section 369J Section 369J Part IIA of the Fisheries Act 1983
369L: Change to fishing year for ANG13
1: Despite section 369I(4)
2: No order under subsection (1)
a: provide for the proposed new fishing year to start before 1 February 2002; or
b: be made during the period of 4 months immediately preceding the start of the proposed new fishing year.
3: Without limiting the generality of section 297 subsection (1) Part IV or Part VIII
a: specify matters to be notified to quota owners in quota management area ANG13:
b: set out rules relating to the generation and allocation of annual catch entitlement to quota owners:
c: set out rules relating to the conversion of provisional individual transferable quota to individual transferable quota:
d: set out rules by which catch may be counted against annual catch entitlement:
e: specify reporting obligations of commercial fishers:
f: set out functions, duties, and powers of the chief executive in relation to the application of the regulations:
g: provide for other matters necessary to manage the transitional period between fishing years.
369M: Expiry of
section 369L(3) Section 369L(3)
17: Amendments to schedules
1: Part 3 Schedule 1
2: Schedule 2 Freshwater eel ANG11 to ANG16.
3: Schedule 3 Freshwater eel ANG11 to ANG16.
4: The principal Act is amended by inserting, after Schedule 4 Schedule 4A Schedule 2
5: Schedule 8 Schedule 3
18: Enactments revoked
The following enactments are revoked:
a: the Fisheries (Lake Ellesmere Eel Quota) Regulations 1997 (SR 1997/355)
b: the Fisheries (Lake Ellesmere Eel Quota Allocation) Notice 1997 (SR 1997/374)
2: Allocation of quota for South Island freshwater eel
19: Fisheries Act 1996 In this Part, the Fisheries Act 1996 the principal Act
20: Purpose of this Part
The purpose of this Part is—
a: to define quota management areas and allocate provisional catch history for freshwater eel in the South Island:
b: to provide for the allocation of quota for freshwater eel in the South Island under Part 4
21: Interpretation
For the purposes of this Part,— provisional catch history Schedule 4 South Island freshwater eel
22: Allocation of provisional catch history
1: Each person named in column 1 of Part 1
2: Each person named in column 1 of Part 2
3: Each person named in column 1 of Part 3
4: Each person named in column 1 of Part 4
5: Each person named in column 1 of Part 5
6: Each person named in column 1 of Part 6
23: Notification of fishers allocated provisional catch history
1: As soon as practicable after the date on which this Act comes into force, the chief executive must notify every person named in Schedule 4
a: the amount of provisional catch history allocated to the person under section 22
b: the person's right to appeal under section 51(1) section 27(3)
c: the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
24: Public notification of provisional catch history allocation
1: As soon as practicable after the date on which this Act comes into force, the chief executive must publicly notify—
a: that provisional catch history for South Island freshwater eel has been allocated under section 22
b: that a person may appeal to the Catch History Review Committee under section 51(1) section 27(3)
i: has not been allocated provisional catch history for South Island freshwater eel; and
ii: believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for South Island freshwater eel; and
c: that the appeal must be lodged no later than the date specified for that purpose in the notification.
2: The date referred to in subsection (1)(c)
25: Criteria of eligibility to receive quota
1: A person is eligible to receive quota for South Island freshwater eel—
a: if the person is allocated provisional catch history under section 22
b: if the person—
i: is the holder of a fishing permit on the date on which this Act comes into force; and
ii: has been allocated provisional catch history for South Island freshwater eel following a decision of the Catch History Review Committee; and
iii: is not an overseas person or, if an overseas person, is exempt under section 56 section 57
2: If a person is allocated provisional catch history under section 22 section 26
3: Subsection (1) subsection (2)
26: Chief executive to allocate quota
1: The chief executive must allocate quota for South Island freshwater eel under section 50B
2: For the purposes of subsection (1)
a: South Island freshwater eel is a stock to which section 50A
b: the reference in section 47(1) section 36(3) section 23(1)(c)
27: Application of certain provisions in
Part 4
1: Sections 42 to 44 46 to 49 50B to 50G 51 to 53 54(1)(a) (2) (3) 55 283 to 294
2: For the purposes of subsection (1) section 50A
3: For the purposes of subsection (1) section 51 subsection (1)
1: Any person, including the chief executive, may, subject to subsection (3) section 23(1)(c) section 22
a: was incorrectly recorded by the chief executive; or
b: excluded freshwater eel that were lawfully taken and lawfully reported in eligible returns from the person's eligible catch during the period commencing with 1 October 1990 and ending with 30 September 1992.
4: For the purposes of this section, eligible catch section 34(2)
a: the provisional catch history for South Island freshwater eel allocated under section 22 section 34(1)(c)
b: the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992.
28: Catch History Review Committee may alter provisional catch history allocation
1: The Catch History Review Committee may—
a: alter the amount of provisional catch history for South Island freshwater eel allocated to a person under section 22
b: decide that a person who is not allocated provisional catch history under that section is eligible to receive provisional catch history for South Island freshwater eel.
2: This section applies as if—
a: South Island freshwater eel were a stock declared by notice in the Gazette section 18
b: provisional catch history for South Island freshwater eel were allocated under Part 4
3: This section is for the avoidance of doubt.
3: Amendment to
Fisheries Act 1983
29: Fisheries Act 1983 In this Part, the Fisheries Act 1983 the principal Act
30: Taking of fish in excess of quota, and carrying forward of unused quota
Section 28V(11) eels freshwater
31: Repeal of
section 28Z
1: Section 28Z
2: Section 333A Fisheries Act 1996
a: by omitting from subsection (1) are not prevented from owning quota under section 28Z of the Fisheries Act 1983 would not be prevented from owning quota under section 28Z of the Fisheries Act 1983
b: by omitting from subsection (5) continues is deemed to continue
3: Section 363(2)(b) Fisheries Act 1996
4: Transitional provisions
32: Fisheries (Transitional Provisions) Regulations 1998
1: Regulation 6 Fisheries (Transitional Provisions) Regulations 1998 sections 28E to 28NA Fisheries Act 1983 the Fisheries Act 1996
2: If any proceedings have been commenced before 28 June 2000, nothing in subsection (1)