The Parliamentary Counsel Office has made editorial and format changes to this version using the powers under subpart 2 of Part 3 of the Legislation Act 2019.

Note 4 at the end of this version provides a list of the amendments included in it.

These regulations are administered by the Ministry for Primary Industries.

Pursuant to section 297(1)(o) of the Fisheries Act 1996, Her Excellency the Governor-General, acting on the advice and with the consent of the Executive Council, makes the following regulations.

Regulations

1 Title

These regulations are the Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003.

2 Commencement

These regulations come into force on 1 January 2004.

3 Application

These regulations apply—

(a)

in respect of New Zealand flagged vessels fishing for highly migratory fish stocks managed under the Convention in the Convention area outside New Zealand fisheries waters; and

(b)

only if—

(i)

the Minister has notified in the Gazette the date on which the Convention comes into force with respect to New Zealand; and

(ii)

the Convention is in force with respect to New Zealand.

Regulation 3(a): amended, on 22 April 2004, by regulation 3 of the Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Amendment Regulations 2004 (SR 2004/73).

4 Interpretation

In these regulations, unless the context otherwise requires,—

1982 Convention means the United Nations Convention on the Law of the Sea of 10 December 1982

Act means the Fisheries Act 1996

Commission means the Commission for the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean established under the Convention

Convention means the Convention on the Conservation and Management of Highly Migratory Fish Stocks in the Western and Central Pacific Ocean that was open for signature at Honolulu on 5 September 2000

Convention area means all waters of the Pacific Ocean bounded to the south and to the east by the following line: From the south coast of Australia due south along the 141° meridian of east longitude to its intersection with the 55° parallel of south latitude; thence due east along the 55° parallel of south latitude to its intersection with the 150° meridian of east longitude; thence due south along the 150° meridian of east longitude to its intersection with the 60° parallel of south latitude; thence due east along the 60° parallel of south latitude to its intersection with the 130° meridian of west longitude; thence due north along the 130° meridian of west longitude to its intersection with the 4° parallel of south latitude; thence due west along the 4° parallel of south latitude to its intersection with the 150° meridian of west longitude; thence due north along the 150° meridian of west longitude

highly migratory fish stocks means—

(a)

all fish stocks of the species listed in Annex 1 of the 1982 Convention occurring in the Convention area; and

(b)

any other species of fish that the Commission may determine

party means a contracting party to the Convention

registered vessel means a New Zealand flagged vessel registered on the Register

trip means the movement of a registered vessel from a port and its return to that port or arrival at another port, whether the port is in New Zealand or elsewhere, for the purpose of taking fish, aquatic life, or seaweed under any authorisation for fishing highly migratory fish stocks in areas in the Convention area that are under the national jurisdiction of another State.

5 Purpose

The purpose of these regulations is to ensure, through effective management, the long-term conservation and sustainable use of highly migratory fish stocks in the Convention area in accordance with the Convention.

6 Register

(1)

The chief executive must keep a register called the New Zealand Western Central Pacific Fisheries Convention Vessel Register.

(2)

The Register must contain the following particulars for each registered vessel:

(a)

the name, registration number, previous names (if known), and port of registry of the vessel; and

(b)

the name and address of the owner or owners of the vessel; and

(c)

the name and nationality of the master of the vessel; and

(d)

the previous flag of the vessel (if any); and

(e)

the International Radio Call Sign of the vessel; and

(f)

the vessel’s communication types and numbers, including (but not limited to) its INMARSAT A, B, and C numbers and its satellite telephone number; and

(g)

a colour photo of the vessel; and

(h)

the location where and the date when the vessel was built; and

(i)

the type of vessel; and

(j)

the normal crew complement of the vessel; and

(k)

the type of fishing method or methods used on the vessel; and

(l)

the length of the vessel; and

(m)

the moulded depth of the vessel; and

(n)

the beam of the vessel; and

(o)

the gross register tonnage of the vessel; and

(p)

the power of the main engine or engines of the vessel; and

(q)

the carrying capacity of the vessel, including (but not limited to) its fish hold capacity and the type, capacity, and number of its freezers; and

(r)

the permit number of the international fishing permit issued for the vessel (if any); and

(s)

the areas under the national jurisdiction of other States within the Convention area for which the vessel has been authorised to fish, including a copy of each authorisation.

(3)

The particulars specified in subclause (2) may be kept in a form that can be stored or accessed by a computer.

(4)

The particulars specified in subclause (2) must be provided to the Ministry of Fisheries on a form approved by the chief executive.

(5)

Despite subclause (4), the chief executive may waive the requirement to provide any or all of the particulars specified in subclause (2) if those particulars have already been provided to the Ministry of Fisheries under the Act or any other regulations made under the Act.

Regulation 6(2)(r): amended, on 29 September 2025, by section 77 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

7 Authorisation to fish for highly migratory fish stocks in Convention area

(1)

No vessel may fish for highly migratory fish stocks in the Convention area unless it is—

(a)

a registered vessel; and

(b)

authorised to fish for highly migratory fish stocks in the Convention area under—

(i)

an international fishing permit; or

(ii)

an authorisation from the relevant State for fishing in areas under the national jurisdiction of that State in the Convention area.

(2)

If subclause (1)(b)(ii) applies, the master or operator of a vessel must provide a copy of the authorisation to the Ministry of Fisheries for the purpose of recording the authorisation on the register.

Regulation 7(1)(b)(i): amended, on 29 September 2025, by section 78 of the Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18).

8 Catch, effort, and landing returns

(1)

The master or operator of a registered vessel must complete and present catch, effort, and landing returns, in the form approved by the chief executive, to the Ministry of Fisheries no later than 7 days after the last day of the registered vessel’s trip.

(2)

The chief executive may, on application by the master or operator of the registered vessel, grant an exemption to the reporting requirement under subclause (1) if—

(a)

the master or operator of the registered vessel is reporting the information required in the report to the State in whose national jurisdiction the fishing occurs; and

(b)

that State is a member of the Commission.

9 Offences and penalties

(1)

The master or operator of a registered vessel commits an offence if the master or operator contravenes regulation 7(1)(a) or regulation 7(2) or regulation 8.

(2)

An operator who commits an offence against this regulation is liable on conviction to a fine not exceeding $100,000.

Regulation 9(2): amended, on 1 July 2013, by section 413 of the Criminal Procedure Act 2011 (2011 No 81).

Diane Morcom,
Clerk of the Executive Council.

Issued under the authority of the Legislation Act 2019.

Date of notification in Gazette: 4 December 2003.

Notes

1 General

This is a consolidation of the Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003 that incorporates the amendments made to the legislation so that it shows the law as at its stated date.

2 Legal status

A consolidation is taken to correctly state, as at its stated date, the law enacted or made by the legislation consolidated and by the amendments. This presumption applies unless the contrary is shown.

Section 78 of the Legislation Act 2019 provides that this consolidation, published as an electronic version, is an official version. A printed version of legislation that is produced directly from this official electronic version is also an official version.

3 Editorial and format changes

The Parliamentary Counsel Office makes editorial and format changes to consolidations using the powers under subpart 2 of Part 3 of the Legislation Act 2019. See also PCO editorial conventions for consolidations.

4 Amendments incorporated in this consolidation

Fisheries (International Fishing and Other Matters) Amendment Act 2025 (2025 No 18): sections 77–78

Criminal Procedure Act 2011 (2011 No 81): section 413

Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Amendment Regulations 2004 (SR 2004/73)

Fisheries (Western and Central Pacific Ocean Highly Migratory Fish Stocks) Regulations 2003