Fisheries (Sharks – High Seas Protection) Regulations 2012

2012/355 Fisheries (Sharks—High Seas Protection) Regulations 2012 Jerry Mateparae, Governor-General Order in Council At Wellington this 3rd day of December 2012 Present: His Excellency the Governor-General in Council Pursuant to section 297(1) 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 specified sharks 2 5 Offence 2 6 Revocations 3 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM399599 r 1 Fisheries (Sharks—High Seas Protection) Regulations 2012 2012/355 Regulations 1 Title These regulations are the Fisheries (Sharks—High Seas Pro tection) Regulations 2012. 2 Commencement These regulations come into force on 3 January 2013. 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 oceanic whitetip sharkmeans a fish of the speciesCarcharhi nus longimanus 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 white pointer sharkmeans a fish of the species Carcharodon carcharias. 4 Prohibition on using New Zealand ship on high seas to take specified sharks No person may use a New Zealand ship, or a tender of that ship, on the high seas to take— (a) a basking shark: (b) an oceanic whitetip shark: (c) a white pointer shark. 5 Offence (1) A person commits an offence if the person breaches regula tion 4. 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 2012/355 Fisheries (Sharks—High Seas Protection) Regulations 2012 Explanatory note (2) A person who commits an offence against subclause (1) is li able on summary conviction to a fine not exceeding $100,000. 6 Revocations The Fisheries (White Pointer Shark—High Seas Protection) Regulations 2007 (SR 2007/48) and the Fisheries (Bask ing Shark—High Seas Protection) Regulations 2010 (SR 2010/401) are revoked. Michael Webster, for Clerk of the Executive Council. 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 3 January 2013, prohibit the taking of any basking shark, oceanic whitetip shark, or white pointer shark using a New Zealand ship (or tender of the ship) on the high seas. A person convicted of breaching the prohibition may be fined up to $100,000. These regulations consequentially revoke the existing prohibitions on taking basking sharks and white pointer sharks because those pro hibitions are consolidated into these regulations. The Convention on the Conservation of Migratory Species of Wild Animals (1979) requires a prohibition on the taking of basking sharks and white pointer sharks. Similarly, the Western and Central Pa cific Fisheries Commission adopted a prohibition on the taking of oceanic whitetip sharks inMarch 2012. These regulations implement the prohibition on taking any of these species using a New Zealand ship on the high seas. The prohibition is implemented in relation to New Zealand fisheries waters by the inclusion of the specified shark species in Schedule 7A of the Wildlife Act 1953. 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM427874 http://www.legislation.govt.nz/pdflink.aspx?id=DLM427874 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3346900 http://www.legislation.govt.nz/pdflink.aspx?id=DLM3346900 http://www.legislation.govt.nz/pdflink.aspx?id=DLM278598 Fisheries (Sharks—High Seas Protection) Regulations 2012 2012/355 Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 6 December 2012. These regulations are administered by the Ministry for Primary Industries. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2012 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097