Fisheries (Reporting) Amendment Regulations, 2006

Fisheries (Reporting) Amendment Regulations 2006 Anand Satyanand, Governor-General Order in Council At Wellington this 28th day of August 2006 Present: His Excellency the Governor-General in Council Pursuant to section 297(1)(h) of the Fisheries Act 1996, His Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations. Contents 1 Title 2 Commencement 3 Principal regulations amended 4 Interpretation 5 Kinds of returns 6 Catch, effort, and landing returns 7 Monthly harvest returns 8 New regulation 11B inserted 11B Netting catch effort landing returns 9 Separate returns required for each vessel or method 10 Return books supplied by chief executive 11 Method of entering certain details on return 12 Offences 13 New form 5B inserted in Schedule 2 14 Part 1 of Schedule 3 amended 15 Part 2 of Schedule 3 amended 16 Part 3 of Schedule 3 amended 17 Part 6 of Schedule 3 amended Schedule 1 New form 5B inserted in Schedule 2 Schedule 2 New items inserted in table 1 of Part 1 of Schedule 3 Schedule 3 New table 20 added to Part 1 of Schedule 3 Schedule 4 New items inserted in Part 2 of Schedule 3 Schedule 5 New item added to Part 3 of Schedule 3 Schedule 6 New item added to Part 6 of Schedule 3 1 Title These regulations are the Fisheries (Reporting) Amendment Regulations 2006. 2 Commencement These regulations come into force on 1 October 2006. 3 Principal regulations amended These regulations amend the Fisheries (Reporting) Regulations 2001. 4 Interpretation Regulation 3 is amended by adding the following subclause: "(4) A landed state that is specified in the first column of Part 3 of Schedule 3 has the same meaning as in a notice given by the chief executive under section 188(1) of the Act, if the landed state "(a) is not defined in these regulations; but "(b) is defined in the notice." 5 Kinds of returns Regulation 4 is amended by inserting the following paragraph after paragraph (ea): "(eb) netting catch effort landing returns:". 6 Catch, effort, and landing returns Regulation 5(1) is amended by inserting "11B," after "11A,". 7 Monthly harvest returns Regulation 7(2)(a)(i) is amended by omitting "or T" and substituting "T, or X". 8 New regulation 11B inserted The following regulation is inserted after regulation 11A: "11B Netting catch effort landing returns "(1) A permit holder who takes fish, or on whose behalf fish are taken, by the method of set netting, inshore drift netting, or pair set netting from a vessel must complete and provide to the chief executive netting catch effort landing returns if the vessel "(a) is 6 metres or more in overall length; or "(b) is a vessel for which the chief executive has advised the permit holder in writing that netting catch effort landing returns must be provided. "(2) The permit holder must "(a) complete separate returns for each fishing trip; and "(b) complete a column of catch and effort information in section 2 of the return for each set as soon as hauling for the set is completed; and "(c) complete section 3 (relating to trip information) immediately on landing; and "(d) complete section 4 (relating to catch landing data) immediately on landing, except any part of the last 2 columns that requires information from a licensed fish receiver; and "(e) complete any remaining part of the last 2 columns of section 4 immediately on receipt of the information required from the licensed fish receiver; and "(f) complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and "(g) provide the return to the chief executive no later than 15 days after the last day of the calendar month in which the fishing trip ends. "(3) In subclause (2)(b), a set includes all nets that are set "(a) to target the same species; and "(b) within 2 nautical miles of the first net that is set; and "(c) as soon as practicable after the first net is set. "(4) A person contravenes this subclause if the person provides a netting catch effort landing return after the date it is due, but no more than 1 calendar month after that date. "(5) A person contravenes this subclause if the person provides or fails to provide a netting catch effort landing return more than 1 calendar month after the date it is due. "(6) If no fishing trip is made in a calendar month, the permit holder must "(a) state that month and the year in the space next to `landing date' in section 3 of a return; and "(b) clearly mark the return as a nil return; and "(c) complete section 5 (relating to permit holder and vessel details), sign the declaration, and date the return; and "(d) provide the return to the chief executive no later than 15 days after the last day of that month." 9 Separate returns required for each vessel or method Regulation 28 is amended by inserting "11B," after "11A,". 10 Return books supplied by chief executive Regulation 29(2) is amended by inserting the following paragraph after paragraph (da): "(db) in the case of return books for netting catch effort landing returns, returns in form 5B of Schedule 2:". 11 Method of entering certain details on return Regulation 36(3)(a) is amended by revoking subparagraph (i) and substituting the following subparagraph: "(i) the conversion factors stated in a notice or certificate given by the chief executive under section 188(1) or (2) of the Act; or". 12 Offences (1) Regulation 42(b) is amended by inserting "11B(2), (4), or (6)," after "11A(3),". (2) Regulation 42(c) is amended by inserting "11B(5)," after "11A(4),". 13 New form 5B inserted in Schedule 2 Schedule 2 is amended by inserting the form 5B set out in Schedule 1 of these regulations after form 5A. 14 Part 1 of Schedule 3 amended (1) Paragraph (b) above table 1 of Part 1 of Schedule 3 is amended by omitting "tables 3 to 13" and substituting "the other tables". (2) The heading to the third column of table 1 of Part 1 of Schedule 3 is amended by omitting "tables 3 to 19 of this Part" and substituting "any other table". (3) Table 1 of Part 1 of Schedule 3 is amended by inserting the items set out in Schedule 2 of these regulations in their appropriate alphabetical order. (4) Part 1 of Schedule 3 is amended by adding the table 20 set out in Schedule 3 of these regulations. 15 Part 2 of Schedule 3 amended Part 2 of Schedule 3 is amended by inserting the items set out in Schedule 4 of these regulations in their appropriate alphabetical order. 16 Part 3 of Schedule 3 amended Part 3 of Schedule 3 is amended by adding the item set out in Schedule 5 of these regulations. 17 Part 6 of Schedule 3 amended Part 6 of Schedule 3 is amended by adding the item set out in Schedule 6 of these regulations. Schedule 1 r 13 New form 5B inserted in Schedule 2 Form 5B Netting catch effort landing return Form number NCE 1. Complete separate returns for each fishing trip. 2. Complete a separate column of catch and effort information for each set. One set may include setting a net, immediately steaming to other places within 2 nautical miles, and setting more nets. If you move more than 2 nautical miles from the first net, you must start a new column. Fishing method Target species Date: at start of set (dd/mm/yy) / / / / / / / / / / Time: at start of set (24-hr clock) : : : : : Latitude: at start of set (degrees minutes) o ' S o ' S o ' S o ' S o ' S Longitude: at start of set (degrees minutes E/W) o ' E/W o ' E/W o ' E/W o ' E/W o ' E/W Fishing duration (start of set to end of haul) hrs mins hrs mins hrs mins hrs mins hrs mins Number and total length of nets set nets m nets m nets m nets m nets m Mesh size (mm) mm mm mm mm mm Net height (number of meshes) meshes meshes meshes meshes meshes Non-fish / protected species catch? Yes No Yes No Yes No Yes No Yes No Write the species .0kg .0kg .0kg .0kg .0kg code and estimated greenweight of each .0kg .0kg .0kg .0kg .0kg quota and non-quota species caught .0kg .0kg .0kg .0kg .0kg during each set. .0kg .0kg .0kg .0kg .0kg For example, if you catch 200kg of rig, .0kg .0kg .0kg .0kg .0kg write: SPO 200.0kg .0kg .0kg .0kg .0kg .0kg More than 8 species? .0kg .0kg .0kg .0kg .0kg List the 8 species that you caught most .0kg .0kg .0kg .0kg .0kg of (by greenweight). Weight of all All All All All All other species other .0kg other .0kg other .0kg other .0kg other .0kg caught this set species species species species species Use additional pages if you run out of space to record fishing from this trip. 3. Enter first day of trip / / landing date / / and point of landing Form number NCE 4. Catch Landing data Include all species taken during this trip. Also include all species held from previous trips that are now being landed to an LFR. Fishstock Landed Number of containers Container Container Destination Licensed Greenweight Tax invoice number Species State from from type content type Fish (kg) when advised by LFR Code Area latest trip other trips weight Receiver .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg .0kg 5. Permit holder and vessel details I declare that the information I have given on this return is correct and complete, and that I have read and understood the Name of Name of explanatory notes supplied with permit holder vessel this return. Client number of Registration number Signature of permit holder of vessel permit holder or authorised person This return is page number Date signed / /20 for this trip. Is this return the last page for this trip? Yes No Send completed returns to PO Box 297, Wellington (NZ). Schedule 2 r 14(3) New items inserted in table 1 of Part 1 of Schedule 3 Quota management Other area area reference reference Fishstock number set out number set code to be Species or class in table 2 of out in any used (species/ of fish this Part other table area) Deepwater clam 1 PZL1 2 PZL2 3 PZL3 4 PZL4 5, 6 PZL5 7 PZL7 8 PZL8 9 PZL9 Knobbed whelk 1 KWH1 2 KWH2 3 KWH3 4 KWH4 5 KWH5 6 KWH6 7A KWH7A 7B KWH7B 8 KWH8 9 KWH9 Schedule 3 r 14(4) New table 20 added to Part 1 of Schedule 3 Table 20 Knobbed whelk reference numbers for purposes of table 1 The areas referred to by name in this table are the quota management areas described in Schedule 2 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2005. Area name Area reference number used in fishstock code Nelson/Marlborough 7A West Coast 7B Schedule 4 r 15 New items inserted in Part 2 of Schedule 3 Common name Species code Scientific name Deepwater clam PZL Panopea zelandica Knobbed whelk KWH Austrofusus glans Schedule 5 r 16 New item added to Part 3 of Schedule 3 Sole or principal landed state Corresponding landed state code Wings (rays and skates) WRS Schedule 6 r 17 New item added to Part 6 of Schedule 3 Destination Destination type code Fish of the species or classes subject to the quota X management system established under Part 4 of the Act that are (a) listed in Schedule 6 of the Act; and (b) not listed in Part 6A of this schedule; and (c) returned to the water in accordance with the requirements set out for the relevant species or class of fish in Schedule 6 of the Act Diane Morcom, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 31 August 2006. These regulations are administered by the Ministry of Fisheries.