Fisheries (Reporting) Amendment Regulations, 2014 (2014/280)

2014/280 Fisheries (Reporting) Amendment Regulations 2014 Jerry Mateparae, Governor-General Order in Council At Wellington this 18th day of August 2014 Present: The Right Hon John Key presiding 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 Principal regulations 2 4 Regulation 3 amended (Interpretation) 2 5 Schedule 3, Part 3 amended 2 6 Schedule 3, Part 4 amended 3 7 Schedule 3, Part 6 amended 3 8 Schedule 3, new Part 6B inserted 3 Schedule 3 New Part 6B of Schedule 3 inserted 1 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM399599 r 1 Fisheries (Reporting) Amendment Regulations 2014 2014/280 Regulations 1 Title These regulations are the Fisheries (Reporting) Amendment Regulations 2014. 2 Commencement These regulations come into force on 1 October 2014. 3 Principal regulations These regulations amend the Fisheries (Reporting) Regula tions 2001 (the principal regulations). 4 Regulation 3 amended (Interpretation) (1) In regulation 3(1), revoke the definitions of dried fins, dried shark fins by-product,wet fins, andwet shark fins by-prod uct. (2) In regulation 3(1), replace the definition of shark fins with: “shark fins, in relation to any species of shark, means all pri mary fins associated with that shark”. (3) In regulation 3(1), insert in their appropriate alphabetical order: “artificially attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001 “naturally attached has the same meaning as in regulation 3 of the Fisheries (Commercial Fishing) Regulations 2001 “shark fins attached means,— “(a) in relation to blue shark, the state in which the trunk is processed to the dressed state and the fins are artificially attached: “(b) in relation to any other species of shark, the state in which the trunk is processed to the headed and gutted state and the fins are naturally attached”. 5 Schedule 3, Part 3 amended (1) In Schedule 3, Part 3, revoke the items relating to Fins, Dried fins, and Wet fins. 2 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60577 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60577 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60583 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60583 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60583 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64807 2014/280 Fisheries (Reporting) Amendment Regulations 2014 Schedule (2) In Schedule 3, Part 3, after the item relating to Shucked and shelled, insert: Shark fins attached SFA 6 Schedule 3, Part 4 amended In Schedule 3, Part 4, revoke the items relating to Wet shark fins by-product and Dried shark fins by-product. 7 Schedule 3, Part 6 amended (1) In Schedule 3, Part 6, item relating to destination type code X, paragraph (b), insert “or Part 6B” after “Part 6A”. (2) In Schedule 3, Part 6, after the item relating to destination type code X, insert: Fish of the species or classes subject to the quota management system established under Part 4 of the Act that are listed in Part 6B of this schedule and are returned to the water dead or near-dead in accordance with the requirements set out for the relevant species or class of fish in Schedule 6 of the Act Z 8 Schedule 3, new Part 6B inserted In Schedule 3, after Part 6A, insert the Part 6B set out in the Schedule of these regulations. Schedule r 8 New Part 6B of Schedule 3 inserted Part 6B Species and status of fish returned to the sea for which destination type code Z must be used Common name Scientific name Status of fish Blue shark Prionace glauca Dead or near-dead Mako shark Isurus oxyrinchus Dead or near-dead Porbeagle shark Lamna nasus Dead or near-dead 3 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64807 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64812 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64820 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64820 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64825 Explanatory note Fisheries (Reporting) Amendment Regulations 2014 2014/280 Michael Webster, 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 1 October 2014, con sequentially amend the Fisheries (Reporting) Regulations 2001 (the principal regulations) to reflect— • the ban on shark finning in New Zealand fisheries waters imposed by the Fisheries (Commercial Fishing) Amendment Regulations (No 2) 2014 (the shark finning ban); and • related changes made by the Fisheries (Schedule 6) Order 2014. Regulation 4 amends regulation 3(1), which defines terms. The amendments omit redundant definitions and insert new definitions of shark fins and shark fins attached (and related definitions) for the purposes of the changes to Schedule 3 of the principal regulations. Regulation 5 amends Part 3 of Schedule 3, which specifies landed state codes for the sole or principal landed state of a species, to delete the landed state codes for Fins, Dried fins, and Wet fins. These codes are redundant because fishers are no longer able to land shark fins separate from the body of the shark because of the shark finning ban. Regulation 6 amends Part 4 of Schedule 3, which specifies landed state codes for additional landed states of a species. The amendments delete the landed state codes for Wet shark fins by-product and Dried shark fins by-product that are also redundant because of the shark finning ban. Regulation 7 amends Part 6 of Schedule 3, which specifies destin ation type codes that must be used by fishers on their returns made under the principal regulations. The amendment inserts a new des tination type code Z into Part 6 that must be used on a return when certain species and status of fish are returned to the sea. Regulation 8 inserts new Part 6B into Schedule 3. New Part 6B spe cifies the species and status of fish for which new destination type code Z must be used. The species are blue shark, mako shark, and 4 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60577 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6240991 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6240991 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6240900 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6240900 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM60583 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM62960 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64807 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64812 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM64820 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM62960 2014/280 Fisheries (Reporting) Amendment Regulations 2014 Explanatory note porbeagle shark, which are allowed to be returned to the sea dead or near-dead under related changes made to the Fisheries Act 1996 by the Fisheries (Schedule 6) Order 2014. Regulatory impact statement The Ministry for Primary Industries produced a regulatory impact statement on 22 July 2014 to help inform the decisions taken by the Government relating to the contents of this instrument. A copy of this regulatory impact statement can be found at— • http://www.mpi.govt.nz/news-resources/publications • http://www.treasury.govt.nz/publications/informationre leases/ris Issued under the authority of the Legislation Act 2012. Date of notification in Gazette: 21 August 2014. These regulations are administered by the Ministry for Primary Industries. 12 Wellington, New Zealand: Published under the authority of the New Zealand Government—2014 5 http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM6240900 http://www.mpi.govt.nz/news-resources/publications http://www.treasury.govt.nz/publications/informationreleases/ris http://www.treasury.govt.nz/publications/informationreleases/ris http://prd-lgnz-nlb.prd.pco.net.nz/pdflink.aspx?id=DLM2997643