Fisheries (Basking Shark – High Seas Protection) Regulations, 2010

2010/401 Fisheries (Basking Shark—High Seas Protection) Regulations 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 15th day of November 2010 Present: His Excellency the Governor-General in Council Pursuant to section 297 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 Page 1 Title 2 2 Commencement 2 3 Interpretation 2 4 Prohibition on using New Zealand ship on high seas to take basking shark 2 5 Offence 2 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM399599 r 1 Fisheries (Basking Shark—High Seas Protection) Regulations 2010 2010/401 Regulations 1 Title These regulations are the Fisheries (Basking Shark—High Seas Protection) Regulations 2010. 2 Commencement These regulations come into force on 16 December 2010. 3 Interpretation In these regulations,— basking shark means a fish of the species Cetorhinus max imus high seas means the waters outside the national fisheries jur isdiction of any country New Zealand ship has the same meaning as in section 2(1) of the Ship Registration Act 1992 taking and to take have the same meaning as in section 2(1) of the Fisheries Act 1996 tender has the samemeaning as in section 2(1) of the Fisheries Act 1996. 4 Prohibition on using New Zealand ship on high seas to take basking shark No person may use a New Zealand ship, or a tender of that ship, on the high seas to take a basking shark. 5 Offence (1) A person commits an offence if the person breaches regula tion 4. (2) A person who commits an offence against subclause (1) is li able on summary conviction to a fine not exceeding $100,000. Michael Webster, for Clerk of the Executive Council. 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM275032 http://www.legislation.govt.nz/pdflink.aspx?id=DLM394199 http://www.legislation.govt.nz/pdflink.aspx?id=DLM394199 2010/401 Fisheries (Basking Shark—High Seas Protection) Regulations 2010 Explanatory note Explanatory note This note is not part of the regulations, but is intended to indicate their general effect. These regulations, which come into force on 16 December 2010, pro hibit the taking of any basking shark using a New Zealand ship on the high seas. A person convicted of breaching the prohibition may be fined up to $100,000. The Convention on the Conservation of Migratory Species of Wild Animals (1979) requires a prohibition on the taking of basking sharks. These regulations implement the prohibition in relation to New Zealand ships on the high seas. The prohibition is implemented in relation to New Zealand fisheries waters by the addition of basking shark to Schedule 7A of the Wildlife Act 1953. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 18 November 2010. These regulations are administered by the Ministry of Fisheries. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM278598 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097