Climate Change (Fishing Allocation Plan) Order 2010

2010/134 ClimateChange (FishingAllocation Plan) Order 2010 Anand Satyanand, Governor-General Order in Council At Wellington this 31st day of May 2010 Present: His Excellency the Governor-General in Council Pursuant to sections 70 and 74 of the Climate Change Response Act 2002, His Excellency the Governor-General, acting on the recom mendation of the Minister for Climate Change Issues and on the ad vice and with the consent of the Executive Council, makes the fol lowing order. Contents Page 1 Title 2 2 Commencement 2 3 Allocation plan issued 2 Schedule 2 Fishing allocation plan 1 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662617 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662627 cl 1 Climate Change (Fishing Allocation Plan) Order 2010 2010/134 Order 1 Title This order is the Climate Change (Fishing Allocation Plan) Order 2010. 2 Commencement This order comes into force on 15 June 2010. 3 Allocation plan issued The fishing allocation plan set out in the Schedule is issued. Schedule cl 3 Fishing allocation plan 1 Title This allocation plan is the fishing allocation plan. 2 Commencement As provided for in section 70(3) of the Act, this allocation plan comes into force on the day after the date on which it is presented to the House of Representatives. 3 Interpretation In this allocation plan, unless the context otherwise requires,— Act means the Climate Change Response Act 2002 eligible person means a person who was shown on the quota register kept under Part 8 of the Fisheries Act 1996 as an owner of fishing quota on 24 September 2009 unique identifier, in relation to an eligible person, means the unique identifier assigned to that person under the Fisheries Act 1996. 4 Requirements for provision of data and information (1) To receive an allocation of New Zealand units under this allo cation plan, an eligible person, or a person authorised on behalf 2 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662617 http://www.legislation.govt.nz/pdflink.aspx?id=DLM158583 http://www.legislation.govt.nz/pdflink.aspx?id=DLM397619 http://www.legislation.govt.nz/pdflink.aspx?id=DLM394191 http://www.legislation.govt.nz/pdflink.aspx?id=DLM394191 2010/134 Climate Change (Fishing Allocation Plan) Order 2010 Schedule of the eligible person, must submit an application that provides the following information: (a) the eligible person’s name, as it appeared, on 24 Sep tember 2009, on the quota register kept under Part 8 of the Fisheries Act 1996; and (b) the eligible person’s holding account number in the New Zealand Emission Unit Register; and (c) the eligible person’s unique identifier; and (d) any other evidence necessary to establish that the eli gible person is eligible to receive an allocation of New Zealand units under this allocation plan. (2) The information provided under subclause (1) must be accom panied by a signed declaration that— (a) all of the information that has been provided is true and correct to the best of the eligible person’s knowledge and belief; and (b) if the declaration is signed by a person other than the eligible person, the person making the declaration is au thorised tomake the declaration on behalf of the eligible person. (3) An application for an allocation of New Zealand units submit ted under this clause must be in the form, and be submitted by the date, specified by public notice given by the Minister under section 77(1) of the Act. 5 Allocation of New Zealand units An eligible person who complies with clause 4 is entitled under this allocation plan to an allocation of New Zealand units calculated in accordance with the formula set out in section 74(2)(c) of the Act, namely— P = A × (B + C)/(D + E) where— P is the eligible person’s allocation entitlement under the fishing allocation plan A is 700 000 New Zealand units B is the total quota weight equivalent (expressed in kilo grams) of stocks, other than Foveaux Strait dredge 3 http://www.legislation.govt.nz/pdflink.aspx?id=DLM397619 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662639 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662627 Schedule Climate Change (Fishing Allocation Plan) Order 2010 2010/134 oysters, owned by the eligible person on the close of 24 September 2009 C is the total quota weight equivalent (expressed as a num ber of oysters) of Foveaux Strait dredge oyster stock owned by the eligible person on the close of 24 Sep tember 2009 divided by 9.8 D is the sum of the total allowable commercial catch (ex pressed in kilograms) of stocks, other than Foveaux Strait dredge oysters (excluding any quota shown on the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown), on the close of 24 September 2009 E is the sum of the total allowable commercial catch (ex pressed as a number of oysters) of the Foveaux Strait dredge oyster stock (excluding any quota shown on the quota register kept under Part 8 of the Fisheries Act 1996 as being owned by the Crown) on the close of 24 September 2009 divided by 9.8. 6 Total of 700 000 New Zealand units may be allocated A total of 700 000 New Zealand units may be allocated under this allocation plan. 7 Rounding A number that results from a calculation made under clause 5 must be rounded to the nearest whole number as follows: (a) if the fractional part of the number is less than 0.5 it must be rounded down: (b) if the fractional part of the number is 0.5 or more it must be rounded up. 8 Record-keeping requirements An eligible person to whom New Zealand units are allocated under this allocation plan must retain, for a minimum of 7 years from the date on which the units are transferred to the person, copies of all information submitted by the person with the application for an allocation under this allocation plan. 4 http://www.legislation.govt.nz/pdflink.aspx?id=DLM397619 http://www.legislation.govt.nz/pdflink.aspx?id=DLM397619 2010/134 Climate Change (Fishing Allocation Plan) Order 2010 Explanatory note Rebecca Kitteridge, Clerk of the Executive Council. Explanatory note This note is not part of the order, but is intended to indicate its general effect. This order, which comes into force on 15 June 2010, issues a fishing allocation plan under section 70(1) of the Climate Change Response Act 2002. Under section 70(3) of that Act, the allocation plan comes into force on the day after the date it is presented to the House of Representatives. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 3 June 2010. This order is administered by the Ministry for the Environment. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2010 5 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662617 http://www.legislation.govt.nz/pdflink.aspx?id=DLM1662617 http://www.legislation.govt.nz/pdflink.aspx?id=DLM195097