Fisheries (Allocation of Individual Catch Entitlement) Regulations, 1999

FISHERIES (ALLOCATION OF INDIVIDUAL CATCH ENTITLEMENT) REGULATIONS 1999 MICHAEL HARDIE BOYS, Governor-General ORDER IN COUNCIL At Wellington this 2nd day of February 1999 Present: The Right Hon. Jenny Shipley presiding in Council PURSUANT to section 297 (1) (b) of the Fisheries Act 1996, His Excellency the Governor-General, acting by and with the advice and consent of the Executive Council, makes the following regulations. ANALYSIS 1. Title and commencement 2. Interpretation 3. Allocation of individual catch entitlement by allocation notice 4. Individual catch entitlement may be based on previous catch history 5. Different quantities of individual catch entitlements may be allocated for same stock REGULATIONS 1. Title and commencement---(1) These regulations may be cited as the Fisheries (Allocation of Individual Catch Entitlement) Regulations 1999. (2) These regulations come into force on the day after the date of their notification in the Gazette. 2. Interpretation---In these regulations, unless the context otherwise requires, ``The Act'' means the Fisheries Act 1996: ``Individual catch entitlement'' means a catch limit for a commercial fisher set under these regulations by an allocation notice that apportions an annual amount of stock that can be taken exclusively by that fisher: ``Previous catch history'', in relation to a commercial fisher, means an amount of stock that has been lawfully taken by that fisher in any fishing year or years, as determined by the chief executive. 3. Allocation of individual catch entitlement by allocation notice---The chief executive may from time to time, by notice in the Gazette, allocate individual catch entitlements for any stock that is not within the quota management system but for which a total catch limit has been set under section 11 of the Act. 4. Individual catch entitlement may be based on previous catch history---Without limiting the generality of regulation 3, in allocating an individual catch entitlement for a stock to a commercial fisher, the chief executive may base the allocation in whole or in part on the fisher's previous catch history for that stock. 5. Different quantities of individual catch entitlements may be allocated for same stock---Different quantities of individual catch entitlements for the same stock may be allocated to different commercial fishers. MARIE SHROFF, Clerk of the Executive Council. Issued under the authority of the Acts and Regulations Publication Act 1989. Date of notification in Gazette: 4 February 1999. These regulations are administered in the Ministry of Fisheries.