“commercial fisher—

• “(a) means a person who holds a fishing permit issued under section 91; and

• “(b) for the purposes of sections 72 and 75, includes—

  • “(i) a person who holds a high seas fishing permit; and

  • “(ii) a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country”.

“green-lipped mussel means a shellfish of the species Perna canaliculus”.

“highly migratory species means a species or stock listed in Schedule 4B”.

“international fisheries organisation means an organisation or arrangement that is defined as a global, regional, or sub-regional fisheries organisation or arrangement under section 113B

“international fisheries organisation management measure means a measure that is within the definition of international conservation and management measures in section 113B”.

“port—

• “(a) means any area of land and water intended or designed to be used either wholly or partly for the berthing, unloading, departure, movement, and servicing of vessels:

• “(b) includes any anchorage, roadstead, pilot station, haven or estuary, navigable lake or river, wharf, dock, pier, jetty, or dry dock used or capable of being used for such purposes”.

“tender means any vessel that—

• “(a) is carried by or attached to a fishing vessel and used or intended to be used for taking fish, aquatic life, or seaweed for sale in conjunction with the fishing vessel; and

• “(b) is not longer than the greater of—

  • “(i) 6 metres; or

  • “(ii) 50% of the overall length of the fishing vessel it is carried by or attached to”.

• “(4) The Governor-General may, by Order in Council,—

  • “(a) add to Schedule 4B the name of any species or stock that, based on its range and biological characteristics, is highly migratory (including any new species or stock that results from a change in taxonomic classification):

  • “(b) omit from that Schedule the name of any species or stock if the criteria set out in paragraph (a) cease to apply to that species or stock.”

• “(iv) the stock comprises 1 or more highly migratory species.”

“Application of this Part

“17 Application of Part generally

• “(1) This Part applies to every stock made subject to the quota management system by—

  • “(a) a declaration by the Minister by notice under section 18 (whether made before or after the commencement of section 5 of the Fisheries Amendment Act (No 3) 2004); or

  • “(b) any provision of this Act or any other Act.

  “(2) This Part does not apply to fishing authorised by a foreign fishing licence issued under Part 5.

  “(3) For the purposes of subsection (1) and this Part, every species or class of fish, aquatic life or seaweed that was, immediately before the commencement of this Part, subject to Part 2A of the Fisheries Act 1983 is deemed to have been declared by the Minister by notice under section 18 to be subject to the quota management system.

“17A Highly migratory species taken outside New Zealand fisheries waters

• “(1) This section applies in relation to any stock of a highly migratory species (the relevant stock) that—

  • “(a) is subject to the quota management system in any area outside New Zealand fisheries waters; and

  • “(b) is taken in that area by an operator who is a New Zealand national using a New Zealand ship outside New Zealand fisheries waters.

  “(2) Except as otherwise expressly provided in subsection (3) or elsewhere in this Part, this Part applies in relation to any relevant stock as if the area outside New Zealand fisheries waters in which it was taken were in fact within New Zealand fisheries waters.

  “(3) This section does not apply to fish taken from a relevant stock if the commercial fisher concerned can prove to the satisfaction of the chief executive that the amount of fish concerned was taken under the authority of, and, where national allocations for the species exist, against the national allocation of, another state that has agreed to comply with all international fisheries organisation management measures for the species concerned to which New Zealand has agreed.

  “(4) In any case where New Zealand law conflicts with the laws of a state in whose jurisdiction any relevant stock was taken, the laws of that other state prevail over New Zealand law.

  “(5) Subsection (4) does not abrogate the obligations of the commercial fisher under this Part and Part 10.

“Declaration of quota management system

“17B Determination that stock or species be subject to quota management system

• “(1) The Minister must make a determination under subsection (2) if satisfied that the current management of a stock or species—

  • “(a) is not ensuring the sustainability of the stock or species; or

  • “(b) is not providing for the utilisation of the stock or species.

  “(2) The Minister must determine to make the stock or species concerned subject to the quota management system, unless he or she determines that the purpose of this Act would be better met by setting one or more sustainability measures under section 11 (other than a total allowable catch set under section 13 or section 14).

  “(3) Before determining whether the criteria in subsection (1)(a) or (b) have been satisfied, and before making a determination under subsection (2) the Minister must consult those persons or organisations considered by the Minister to be representative of the classes of persons who have an interest in the relevant determination.

  “(4) As soon as practicable after making a determination under subsection (2), the Minister must give his or her reasons for the determination in writing to any persons or organisations consulted under subsection (3).

  “(5) In the case of a stock or species listed in Schedule 4C,—

  • “(a) the Minister may make a determination under subsection (2), regardless of whether or not the Minister is satisfied of the matters specified in subsection (1); and

  • “(b) if the Minister determines not to make the stock or species concerned subject to the quota management system,—

    • “(i) the Minister must notify that fact in the Gazette ; and

    • “(ii) from the date of that notification, the moratorium on the issue of fishing permits for that stock or species under section 93 ceases to apply; and

    • “(iii) the stock or species concerned must be removed from Schedule 4C from the date of that notification, and the notice must amend Schedule 4C (including any appropriate consequential amendments) accordingly.

  “(6) Despite subsection (2), the Minister may not determine under that subsection to make subject to the quota management system any stock of highly migratory species outside New Zealand fisheries waters except to give effect to—

  • “(a) a national allocation to New Zealand by an international fisheries organisation in relation to that stock; or

  • “(b) any other management measures to which New Zealand has agreed, made by an international fisheries organisation in relation to that stock.

  “(7) The Minister must consult the Minister of Conservation before making a determination under this section in respect of any stock or species that is both—

  • “(a) listed in Schedule 4C; and

  • “(b) listed in any of the appendices to the Convention on International Trade in Endangered Species of Wild Flora and Fauna.

“18 Declaration that new stock subject to quota management system

• If the Minister determines under section 17B to make a stock subject to the quota management system, the Minister must, by notice in the Gazette, declare the stock to be subject to the quota management system on and from the first day of the fishing year stated in the notice.”

• “(2A) In the case of a stock or species listed in Schedule 4C, the notice must amend that schedule by removing the stock or species concerned (and may make any amendments consequential on that removal) with effect on and from the date on which the stock becomes subject to the quota management system.”

“Basis for allocation of quota

“29A Basis for allocation of quota

• “(1) Except as provided in this section, quota must be allocated in accordance with section 29B.

  “(2) Quota for the following stocks must be allocated on the basis of provisional catch history:

  • “(a) any stock or species listed in Schedule 4C, or any stock or species the subject of a Gazette notice under section 17B(5)(b), that is brought into the quota management system on or before 1 October 2009:

  • “(b) any stock or species listed in Schedule 4D that is brought into the quota management system on or before 1 October 2009:

  • “(c) tuna inside New Zealand fisheries waters:

  • “(d) highly migratory species outside New Zealand fisheries waters.

“29B Allocation to Crown and Commission

• “(1) After the Minister has declared a stock to be subject to the quota management system (other than a stock specified in section 29A(2)), the chief executive must—

  • “(a) allocate 80000000 quota shares to the Crown; and

  • “(b) in accordance with section 44, allocate 20000000 quota shares to the Commission.

  “(2) The allocation takes effect on the first day of the fishing year in respect of which the stock becomes a quota management stock.”

• “(iii) in the case of any highly migratory species outside New Zealand fisheries waters or tuna inside New Zealand fisheries waters, at any time during any applicable qualifying year,—

  • “(A) held a fishing permit or high seas fishing permit issued under section 63 of the Fisheries Act 1983 or under section 91 or section 113H of this Act that authorised the holder to take the stock; or

  • “(B) in the judgment of the chief executive, held a valid authority to take the stock using a New Zealand ship in the national fisheries jurisdiction of a foreign country; or.”

• “(2) For the purposes of this Part, an eligible return—

  • “‘(a) means a lawfully completed catch landing return or a catch, effort, and landing return as referred to in the Fisheries (Reporting) Regulations 2001 or the Fisheries (Reporting) Regulations 1990 that—

    • “‘(i) in the case of any stock referred to in subparagraph (ii) or subparagraph (iii) of subsection (1)(a), was given to the chief executive on or before the 15th day after the close of each applicable qualifying year; or

    • “‘(ii) in any other case, was given to the chief executive on or before 15 October 1994:

  • “‘(b) includes, in relation to any highly migratory species, any lawfully completed return that—

    • “‘(i) is of a kind required by or under section 113K, or recognised for the purposes of this section by regulations made under section 297(1)(ha); and

    • “‘(ii) was given to the chief executive on or before the 15th day after the close of each applicable qualifying year, or on or before such later date as may be specified for the purpose by regulations made under section 297(1)(ha).’”

• “(4) In this section, fishing permit includes a high seas fishing permit issued under section 113H.”

• “(1A) Despite subsection (1)(b), the provisional catch history of a person in respect of highly migratory species (other than southern bluefin tuna) taken outside New Zealand fisheries waters—

  • “(a) must be calculated in the prescribed manner (if any) in accordance with regulations made under section 297(1)(hb) for the purpose of ensuring consistency of the calculation with the method used by the relevant international fisheries organisation in determining New Zealand's national allocation; and

  • “(b) subject to paragraph (a), is the total weight of eligible catch reported in the person's eligible returns divided by the number of qualifying years.”

• “(3) Within 10 working days after the date specified in subsection (2)(e), the chief executive must publicly notify—

  • “(a) that provisional catch history has been allocated for the stock; and

  • “(b) the location where information on the criteria of eligibility for an allocation of provisional catch history and quota can be found; and

  • “(c) the location where information on the process for notifying the chief executive of an objection to the non-allocation of provisional catch history can be found; and

  • “(d) the date by which a person to whom subsection (5) applies must lodge their notification under that subsection with the chief executive.”

• “(i) a holder of a fishing permit or a high seas fishing permit (or, in the judgment of the chief executive, a person holding a valid authority to fish in the national fisheries jurisdiction of a foreign country; or”.

• “(1A) If the total allowable commercial catch for a stock is equal to zero, then the amount of provisional individual transferable quota or individual transferable quota to be allocated under subsection (1) must be determined in accordance with subsection (1)(b).”

• “(b) if no appeals under section 51 have been lodged in respect of that stock, in the form of individual transferable quota.”

“49A Surrender of quota to Crown

• Any owner of quota who does not also hold any fishing permit, high seas fishing permit, licence, vessel registration, or approval under this Act may, if the quota is not subject to any caveat, mortgage, or other interest registered on the quota register, surrender that quota to the Crown.”

• “(2A) Where—

  • “(a) an increase in the total allowable catch for a highly migratory species is a result of an agreement, consistent with the rules or procedures established by the relevant international fisheries organisation, between New Zealand and another member of the international fisheries organisation; and

  • “(b) the Minister is satisfied that the basis for the increase in the total allowable catch justifies a different allocation mechanism,—

  “the Minister may determine how the additional annual catch entitlement is to be allocated in a manner different to that specified in subsection (2), taking into account the nature and basis of the agreement between New Zealand and the other member of the international fisheries organisation.

• “(2B) The chief executive must allocate the additional catch entitlement in accordance with any determination of the Minister under subsection (2A).”

• “(1) In this section and sections 78, 79, and 80, unless the context otherwise requires, commercial fisher means any person who, at any time during the relevant fishing year,—

  • “(a) held a fishing permit or a high seas fishing permit; or

  • “(b) was a person using a New Zealand ship who, in the judgment of the chief executive, held a valid authority to fish against New Zealand's national allocation of highly migratory species in the national fisheries jurisdiction of a foreign country.”

• “(3) For the purposes of subsection (2)(b), the Crown's available annual catch entitlement for a stock is the Crown's holding of annual catch entitlement for the stock that—

  • “(a) is generated from unencumbered quota held by the Crown; and

  • “(b) remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota.”

• “(7) Nothing in this section applies in relation to any highly migratory species.”

• “(2A) In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2) only if the Minister considers that to do so would be consistent with the optimum utilisation of that species within the exclusive economic zone.”

• “(2A) Despite subsection (1), a person may take fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C if it is taken as the inevitable consequence of the taking of other fish, aquatic life, or seaweed under the authority of and in accordance with a current fishing permit.”

• “(3) A fishing permit authorises the taking of—

  • “(a) any stocks that are subject to the quota management system; and

  • “(b) any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and

  • “(c) any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher.”

• “(1) A fishing permit must—

  • “(a) state that it authorises the taking of—

    • “(i) stocks that are subject to the quota management system; and

    • “(ii) stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and

  • “(b) list those stocks or species listed in Schedule 4C that the fishing permit holder, following application by that permit holder, is authorised to take.

• “(1A) A fishing permit may be subject to any conditions that the chief executive considers appropriate, including—

  • “(a) conditions relating to—

    • “(i) areas or methods:

    • “(ii) the use or non-use of vessels, and the specific vessel (if any) that may be used:

    • “(iii) types and amounts of fishing gear:

    • “(iv) the taking or handling of fish, aquatic life, or seaweed:

    • “(v) places where fish, aquatic life, or seaweed may be landed:

    • “(vi) periods of time within which the permit holder may take fish, aquatic life, or seaweed:

  • “(b) conditions that the chief executive may impose under section 78(6) as conditions of an approval to take fish, aquatic life, or seaweed despite a commercial fisher's catch having exceeded an over-fishing threshold or tolerance level.”

• “(ii) a member of or participant in that organisation or arrangement, and that organisation or arrangement has established boarding and inspection procedures as provided in Article 21.2 of the Fish Stocks Agreement.”

• “(ba) New Zealand is a member of the organisation or arrangement; and”.

• “(b) if it has entered the internal waters or a port of New Zealand, to leave those waters or that port.”

• “(5) This section does not prevent a vessel from entering or remaining in the internal waters or a port of New Zealand in the case of force majeure, subject to any conditions set by the chief executive.”

“153 Effect of decrease in quota shares

• “(1) This section applies where—

  • “(a) either—

    • “(i) a transfer of quota shares in any stock to any person holding preferential allocation rights under section 23 necessitates a deduction of quota shares under that section from any quota owner; or

    • “(ii) any determination of an appeal under section 51 necessitates a deduction of quota shares under section 52 from any quota owner (other than the quota owner involved in the appeal); and

  • “(b) as a result of the deduction, the number of quota shares in that stock held by the owner is less than the total number of quota shares in that stock subject to a mortgage or caveat immediately before the deduction.

  “(2) Where a deduction referred to in subsection (1)(a)(i) is required and there are one or more mortgages or caveats registered over the quota shares owned by the quota owner, then the number of shares secured by any one or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4).

  “(3) If any quota owner, or the chief executive, has appealed under section 51 of this Act in relation to any stock, then, when the appeal is finally determined,—

  • “(a) all provisional individual transferable quota for the relevant stock owned by that quota owner must, at the chief executive's direction, be transferred to the Crown in accordance with section 52; and

  • “(b) if any provisional individual transferable quota shares so transferred were subject to a mortgage or caveat, the mortgage or caveat ceases to apply to the transferred provisional individual transferable quota shares, and instead applies to the same number of individual transferable quota shares transferred to that quota owner under section 52 (if possible); and

  • “(c) if, as a result of such transfers, the number of individual transferable quota shares in the relevant stock owned by the quota owner is less than the number of provisional individual transferable quota shares that were subject to the mortgage or caveat and there are one or more mortgages or caveats registered over the provisional individual transferable quota shares owned by the quota owner, then the number of shares secured by any one or more of those mortgages or caveats must be reduced in the manner prescribed by regulations made under this Act in accordance with the quota share reduction principles set out in subsection (4).

  “(4) The quota share reduction principles referred to in subsections (2) and (3)(c) are as follows:

  • “(a) the total number of shares subject to any individual caveat may not exceed the total number of shares owned by the quota owner concerned:

  • “(b) the total number of shares subject to all caveats may exceed the total number of shares owned by the quota owner:

  • “(c) where quota shares subject to caveats must be reduced, they must be reduced to equal the number of shares owned by the quota owner:

  • “(d) the total number of shares subject to all mortgages may not exceed the total number of shares owned by the quota owner concerned:

  • “(e) the total number of shares subject to all mortgages and caveats that were registered prior to the last registered mortgage may not exceed the total number of shares owned by the quota owner:

  • “(f) where quota shares subject to mortgages must be reduced, the shares subject to the most recently registered mortgage must be reduced first, and the shares subject to any earlier registered mortgage may only be reduced after the first-mentioned mortgage has had its security eliminated completely by the reduction.

  “(5) The chief executive must make on the register any entry necessary to show that the quota has been transferred in accordance with section 23 or section 52, and alter any relevant mortgage or caveat accordingly.”

“188A Spat ratio

• “(1) For the purpose of determining spat catch in circumstances where spat can only practically be harvested when attached to another species or kind of fish, aquatic life, or seaweed, the chief executive may, by notice in the Gazette, set a ratio of spat to the other species or kind of fish, aquatic life, or sea-weed that translates the weight or quantity of material taken, when taken or landed or at any other stage specified in the notice, to a weight or quantity of spat and a weight or quantity of the other species or kind of fish, aquatic life, or seaweed.

  “(2) Before setting a spat ratio, the chief executive must consult with such bodies or persons as the chief executive considers appropriate in the circumstances.

  “(3) Except as otherwise provided in the notice, the ratio set by the notice must for all purposes (including any proceedings for an offence against this Act or any regulations made under this Act) be used to determine—

  • “(a) the weight or quantity of spat taken or landed with the other species or kind of fish, aquatic life, or seaweed; and

  • “(b) if appropriate, the weight or quantity of the other species or kind of fish, aquatic life, or seaweed.”

• “(1A) Except as otherwise specified in the warrant, a warrant issued to an honorary fishery officer under subsection (1)(b) applies to all species or stocks of fish, aquatic life, or seaweed.”

• “(4) Subsection (2) does not apply to require the forfeiture of—

  • “(a) any foreign flagged vessel in respect of an offence committed outside New Zealand fisheries waters; or

  • “(b) any fish on board or property associated with such a vessel in respect of such an offence.”

• “(2) Where—

  • “(a) the forfeiture occurs under any of sections 255B to 255D; and

  • “(b) the forfeit property has a total estimated value of $200 or more,—

  “the chief executive must, within 10 working days after the date of the forfeiture, publicly notify the details of the forfeit property, and the right of any person to apply to the court for relief from the effects of forfeiture.”

• “(1A) Every infringement offence reminder notice must be in an approved form, and must include the same particulars, or substantially the same particulars, as the infringement notice.”

• “(4A) The chief executive may, after consultation with the Minister and the other party to the arrangement or contract, amend or revoke contract standards and contract specifications set under subsection (4).”

“296ZAA Suspension of permit and refusal of services for non-payment of fees

• “(1) The chief executive may, by notice in writing, after giving a person prior notice in writing of the chief executive's intention to do so, suspend a fishing permit or licence held by the person or refuse to accept for registration any caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, or refuse to accept any application for vessel registration or application for the registration of an automatic location communicator, if—

  • “(a) the person is liable to pay any fee charged under section 296Z; and

  • “(b) the person has not paid the fee in full within 2 months after the date on which payment of the fee became due, or within the time allowed under an arrangement with the chief executive, as the case may be.

  “(2) The chief executive may suspend a fishing permit or licence or refuse to provide the services specified in subsection (1) regardless of whether or not the fee has been charged on the person as a holder of the permit or licence.

  “(3) If the person holds 2 or more fishing permits or licences, the chief executive may suspend such of the permits or licences as he or she considers appropriate.

  “(4) A fishing permit or licence suspended under this section has no effect during the period of the suspension.

  “(5) Any application for registration of a caveat, mortgage, transfer of annual catch entitlement, or transfer of quota shares, and any application for vessel registration or for the registration of an automatic location communicator is not effective during the period of suspension.

  “(6) The chief executive must lift a suspension imposed under this section or provide the services that have been refused under this section—

  • “(a) if the outstanding fee is paid to the chief executive; or

  • “(b) the chief executive and the person liable to pay the outstanding amount of the fee enter into an arrangement for repayment of that amount.

  “(7) A court may at any time, on application by the holder of a fishing permit or licence that has been suspended under this section or a person to whom the services specified in subsection (1) have been refused, make an order lifting the suspension subject to any sureties and conditions specified by the court.”

• “(ha) recognising, for the purposes of section 32(2)(b), any form of return or evidence of highly migratory species catch taken in an area outside New Zealand fisheries waters, and specifying any relevant date for the delivery of such return or evidence to the chief executive:

• “(hb) providing for the method of calculating provisional catch history for any highly migratory species to ensure consistency with the method used by an international fisheries organisation in determining New Zealand's national allocation for that species:”.

• “(2) Subsection (1) does not apply to any notice given under any of sections 11, 13, 14, 16, 20, 56, 60, 175, 188, 283, 295, 296P, 307, 341, 350, 368, and 369.”

• “(ba) any provision of this Act providing or having the effect that catch history ceases to be the basis for quota allocation for any stock or species; or”.

“Introduction of green-lipped mussel in quota management area 9 into quota management system

“369S Green-lipped mussel in quota management area 9 subject to quota management system

• “(1) On 1 October 2004 green-lipped mussel in quota management area 9 become subject to the quota management system under Part 4.

  “(2) The fishing year for green-lipped mussel in quota management area 9 is the 12-month period commencing on 1 October.

  “(3) The total allowable commercial catch and annual catch entitlement for green-lipped mussel in quota management area 9 are to be expressed in greenweight.

  “(4) In this section, the reference to quota management area 9 is a reference to the fishery management area 9 described in Part 1 of Schedule 1.

  “(5) Each person named in the first column of Schedule 15 is allocated the amount of quota shares for green-lipped mussel in quota management area 9 set out in the third column of that schedule opposite that person's name.

“Allocation of quota for pipi in quota management area 1A

“369T Allocation of quota for pipi in quota management area 1A

• “(1) In this section, the reference to pipi in quota management area 1A is a reference to pipi in the quota management area described in Schedule 4 of the Fisheries (Declaration of New Stocks Subject to Quota Management System) Notice (No 2) 2003.

  “(2) Each person named in the first column of Schedule 16 is allocated the amount of quota shares for pipi in quota management area 1A set out in the third column of that schedule opposite that person's name.

  “(3) Despite any other enactment, no person is entitled to be allocated individual transferable quota for pipi in quota management area 1A unless the allocation is authorised by this section.

  “(4) Notwithstanding anything in this Act, any—

  • “(a) allocation of provisional catch history of pipi in quota management area 1A; or

  • “(b) transfer of provisional catch history of pipi in quota management area 1A; or

  • “(c) decision on eligibility to receive provisional catch history or eligibility to receive quota of pipi in quota management area 1A; or

  • “(d) appeal to the Catch History Review Committee of pipi in respect of quota management area 1A—

  “made or done before the commencement of the section is deemed to be of no effect.”

Spiny dogfish	SPD1	4 297
Spiny dogfish	SPD3	62 229
Spiny dogfish	SPD4	17 160
Spiny dogfish	SPD5	56 634
Spiny dogfish	SPD7	20 341
Spiny dogfish	SPD8	3 284

• “(2) The Governor-General may, by Order in Council,—

  • “(a) amend Schedule 9A of the principal Act for the purpose of updating any stock or species code reference to ensure consistency with other regulations, rules, or orders made under the principal Act:

  • “(b) where any settlement sum allocated under that schedule is allocated to a species generally rather than one or more stocks in specified quota management areas, on the advice of the Minister given after having regard to the total allowable commercial catch fixed for each quota management area, amend that schedule to allocate the settlement sum between different stocks of that species in different quota management areas:

  • “(c) amend that schedule to reflect the remaining balance of all or any settlement sums remaining as at a specified date.

• “(3) An Order in Council made under subsection (2) may repeal and replace Schedule 9A of the principal Act to incorporate any amendments authorised under that subsection, and may also correct any clerical errors or errors in calculation of a settlement sum.”

• “(2) A spat catching permit may only be granted—

  • “(a) where exclusive occupation of space is required; and

  • “(b) to the holder of—

    • “(i) a coastal permit relating to the spat catching activity (not being a coastal permit to which section 150E(3) or (6) of the Resource Management Act 1991 applies); or

    • “(ii) a certificate of compliance relating to the spat catching activity; or

    • “(iii) a marine farming licence or lease for that site.”