Fisheries (Reporting) Amendment Regulations 2008
Fisheries (Reporting) Amendment Regulations 2008
Fisheries (Reporting) Amendment Regulations 2008: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).
Fisheries (Reporting) Amendment Regulations 2008
Reprint as at 1 October 2017

Fisheries (Reporting) Amendment Regulations 2008
(SR 2008/28)
Fisheries (Reporting) Amendment Regulations 2008: revoked, on 1 October 2017, pursuant to regulation 52 of the Fisheries (Reporting) Regulations 2017 (LI 2017/154).
Anand Satyanand, Governor-General
Order in Council
At Wellington this 25th day of February 2008
Present:
His Excellency the Governor-General in Council
Note
Changes authorised by subpart 2 of Part 2 of the Legislation Act 2012 have been made in this official reprint.
Note 4 at the end of this reprint provides a list of the amendments incorporated.
These regulations are administered by the Ministry for Primary Industries.
Pursuant to section 297(1) 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
Regulations
1 Title
These regulations are the Fisheries (Reporting) Amendment Regulations 2008.
2 Commencement
(1)
Regulations 6, 10, and 14(2) come into force on 1 April 2008.
(2)
The rest of these regulations come into force on 1 October 2008.
3 Principal regulations amended
These regulations amend the Fisheries (Reporting) Regulations 2001.
4 Interpretation
Regulation 3 is amended by inserting the following definitions in their appropriate alphabetical order:
non-fish species means the species listed in Part 2A or 2B of Schedule 3
protected fish species means the species listed in Part 2C of Schedule 3
species means the species set out in Parts 2, 2A, 2B, or 2C of Schedule 3
5 Kinds of returns
Regulation 4 is amended by inserting the following paragraph after paragraph (ed):
(ee)
non-fish and protected species catch return:
6 Catch landing returns
Regulation 6(3) is amended by revoking paragraph (b) and substituting the following paragraph:
(b)
15 days after the last day of the calendar month in which the fishing trip ended for permit holders who take fish, or on whose behalf fish are taken, from a vessel for which a return under subclause (1)(ab), (ac), or (c) must be provided.
7 New regulation 11E inserted
The following regulation is inserted after regulation 11D:
11E Non-fish and protected species catch return
(1)
A permit holder who takes non-fish species or protected fish species listed in Parts 2A, 2B, or 2C of Schedule 3, whether alive or dead, or on whose behalf non-fish species or protected fish species are taken, whether alive or dead, must complete and provide to the chief executive non-fish and protected species catch returns.
(2)
The permit holder must—
(a)
complete a return for each fishing trip on which a non-fish species or protected fish species is taken; and
(b)
complete a row of non-fish or protected fish species catch information in section 3 of the return as soon as it becomes evident that a non-fish or protected fish species has been taken; and
(c)
complete, as soon as the first row in section 3 of the non-fish and protected species catch return has been completed,—
(i)
section 4 of the return; and
(ii)
the permit holder and vessel details in section 5 of the return; and
(d)
sign and date the return after all fishing reported on the return has been completed; and
(e)
provide the return to the chief executive no later than the due date for the return that reports the effort during which the non-fish species or protected fish species was taken.
(3)
The permit holder must use the relevant species code listed in Part 2C of Schedule 3 to report protected fish species.
(4)
The permit holder must use the relevant species code listed in Part 2A of Schedule 3 to report non-fish species unless they cannot identify the species, in which case they must use the most appropriate species group code from Part 2B of Schedule 3.
(5)
If a permit holder finds a tag from a marine turtle, the tag number must be reported to the chief executive in the manner specified by the chief executive in relation to the non-fish and protected species catch return.
(6)
A person contravenes this subclause if the person provides a non-fish and protected species catch return after the date it is due, but not more than 1 calendar month after that date.
(7)
A person contravenes this subclause if the person provides or fails to provide a non-fish and protected species catch return more than 1 calendar month after the date it is due.
8 Separate returns required for each vessel or method
Regulation 28 is amended by inserting “11E,”
after “11D,”
.
9 Return books supplied by chief executive
Regulation 29(2) is amended by adding the following paragraph:
(k)
in the case of return books for non-fish and protected species catch returns, returns in form 13 of Schedule 2.
10 Method of entering certain details on return
Regulation 36(1) is amended by adding the following paragraph:
(i)
container information need not be completed in respect of any returns to the sea properly made in accordance with Schedule 6 of the Fisheries Act 1996.
11 Use of codes for certain entries
Regulation 37 is amended by revoking paragraph (b) and substituting the following paragraph:
(b)
any fish, non-fish, or protected fish species to which the return relates, the person completing the return must enter the appropriate code stated for the species in Part 2, 2A, 2B, or 2C of Schedule 3:
12 Offences
(1)
Regulation 42(b) is amended by inserting “11E(2) or (6),”
after “11D(2) or (3),”
.
(2)
Regulation 42(c) is amended by inserting “11E(7),”
after “11D(4),”
.
13 Schedule 2 amended
(1)
Schedule 2 is amended by omitting forms 1, 5, 5A, 6, and 7 and substituting the new forms 1, 5, 5A, 6, and 7 set out in Schedule 1 in their respective numerical order.
(2)
Schedule 2 is amended by adding the form 13 set out in Schedule 1.
14 Schedule 3 amended
(1)
Schedule 3 is amended by inserting the new Parts 2A, 2B, and 2C set out in Schedule 2 after Part 2.
(2)
Part 3 of Schedule 3 is amended by adding the following item:
| “Crab legs | LEG”. | |||
Schedule 1 Amendments to Schedule 2
r 13
Form 1

Form 5

Form 5A

Form 6

Form 7

Form 13

Schedule 2 New Parts 2A, 2B, and 2C of Schedule 3
r 14(1)
Part 2AIndividual non-fish species
| Species code | Group or individual | Type | Common name | Scientific name | ||||
|---|---|---|---|---|---|---|---|---|
| XAF | Individual | Birds | Antarctic fulmar | Fulmarus glacialoides | ||||
| XAP | Individual | Birds | Antarctic petrel | Thalassoica antarctica | ||||
| XPR | Individual | Birds | Antarctic prion | Pachyptila desolata | ||||
| XAG | Individual | Birds | Antipodean and Gibson’s albatross | Diomedea antipodensis | ||||
| XGT | Individual | Birds | Australasian gannet | Morus serrator | ||||
| XBP | Individual | Birds | Black petrel | Procellaria parkinsoni | ||||
| XBG | Individual | Birds | Black-backed gull | Larus dominicanus | ||||
| XFT | Individual | Birds | Black-bellied storm petrel | Fregetta tropica | ||||
| XPV | Individual | Birds | Broad-billed prion | Pachyptila vittata | ||||
| XPB | Individual | Birds | Buller’s and Pacific albatross | Thalassarche bulleri | ||||
| XBS | Individual | Birds | Buller’s shearwater | Puffinus bulleri | ||||
| XCM | Individual | Birds | Campbell albatross | Thalassarche impavida | ||||
| XCC | Individual | Birds | Cape petrel | Daption capense | ||||
| XCI | Individual | Birds | Chatham Island albatross | Thalassarche eremita | ||||
| XDP | Individual | Birds | Common diving petrel | Pelecanoides urinatrix | ||||
| XFP | Individual | Birds | Fairy prion | Pachyptila turtur | ||||
| XFS | Individual | Birds | Flesh-footed shearwater | Puffinus carneipes | ||||
| XFL | Individual | Birds | Fluttering shearwater | Puffinus gavia | ||||
| XGF | Individual | Birds | Great-winged petrel | Pterodroma macroptera | ||||
| XGP | Individual | Birds | Grey petrel | Procellaria cinerea | ||||
| XGB | Individual | Birds | Grey-backed storm petrel | Garrodia nereis | ||||
| XGM | Individual | Birds | Grey-headed albatross | Thalassarche chrysostoma | ||||
| XLM | Individual | Birds | Light-mantled sooty albatross | Phoebetria palpebrata | ||||
| XLB | Individual | Birds | Little blue penguin | Eudyptula minor | ||||
| XMB | Individual | Birds | Masked booby | Sula dactylatra fullageri | ||||
| XNP | Individual | Birds | Northern giant petrel | Macronectes halli | ||||
| XNR | Individual | Birds | Northern royal albatross | Diomedea sanfordi | ||||
| XPS | Individual | Birds | Pied shag | Phalacrocorax varius | ||||
| XRB | Individual | Birds | Red-billed gull | Larus novaehollandiae scopulinus | ||||
| XSA | Individual | Birds | Salvin’s albatross | Thalassarche salvini | ||||
| XTS | Individual | Birds | Short-tailed shearwater | Puffinus tenuirostris | ||||
| XSY | Individual | Birds | Shy albatross | Thalassarche cauta | ||||
| XSH | Individual | Birds | Sooty shearwater | Puffinus griseus | ||||
| XSM | Individual | Birds | Southern black-browed albatross | Thalassarche melanophris | ||||
| XSP | Individual | Birds | Southern giant petrel | Macronectes giganteus | ||||
| XRA | Individual | Birds | Southern royal albatross | Diomedea epomophora | ||||
| XPP | Individual | Birds | Spotted shag | Phalacrocorax punctatus | ||||
| XAS | Individual | Birds | Wandering albatross | Diomedea exulans | ||||
| XWP | Individual | Birds | Westland petrel | Procellaria westlandica | ||||
| XWB | Individual | Birds | White-bellied storm petrel | Fregetta grallaria grallaria | ||||
| XWM | Individual | Birds | White-capped albatross | Thalassarche steadi | ||||
| XWC | Individual | Birds | White-chinned petrel | Procellaria aequinoctialis | ||||
| XWF | Individual | Birds | White-faced storm petrel | Pelagodroma marina | ||||
| XWH | Individual | Birds | White-headed petrel | Pterodroma lessonii | ||||
| XYP | Individual | Birds | Yellow-eyed penguin | Megadytes antipodes | ||||
| BDO | Individual | Mammals | Bottlenose dolphin | Tursiops truncatus | ||||
| CDD | Individual | Mammals | Common dolphin | Delphinus delphis | ||||
| DDO | Individual | Mammals | Dusky dolphin | Lagenorhynchus obscurus | ||||
| EPH | Individual | Mammals | Elephant seal | Mirounga leonina | ||||
| FIW | Individual | Mammals | Fin whale | Balaenoptera physalus | ||||
| HDO | Individual | Mammals | Hector’s dolphin | Cephalorhynchus hectori | ||||
| HBW | Individual | Mammals | Humpback whale | Megaptera novaeangliae | ||||
| LEO | Individual | Mammals | Leopard seal | Hydrurga leptonyx | ||||
| HDM | Individual | Mammals | Maui’s dolphin | Cephalorhynchus hectori maui | ||||
| MIW | Individual | Mammals | Minke whale | Balaenoptera acutorostrata | ||||
| FUR | Individual | Mammals | New Zealand fur seal | Arctocephalus forsteri | ||||
| HSL | Individual | Mammals | New Zealand sea lion | Phocarctos hookeri | ||||
| ORC | Individual | Mammals | Orca | Orcinus orca | ||||
| PIW | Individual | Mammals | Pilot whale | Globicephala melas | ||||
| SEW | Individual | Mammals | Sei whale | Balaenoptera borealis | ||||
| SRW | Individual | Mammals | Southern right whale | Eubalaena australis | ||||
| PHD | Individual | Mammals | Spectacled porpoise | Phocoena dioptrica | ||||
| BSS | Individual | Reptiles | Banded sea snake | Laticauda colubrina | ||||
| GNT | Individual | Reptiles | Green turtle | Chelonia mydas | ||||
| HBT | Individual | Reptiles | Hawksbill turtle | Eretmochelys imbricata | ||||
| LBT | Individual | Reptiles | Leatherback turtle | Dermochelys coriacea | ||||
| LHT | Individual | Reptiles | Loggerhead turtle | Caretta caretta | ||||
| YSS | Individual | Reptiles | Yellow-bellied sea snake | Pelamis platurus |
Part 2BNon-fish species groups
| Species code | Type | Common name | Scientific name | |||
|---|---|---|---|---|---|---|
| XAL | Birds | Albatrosses (Unidentified) | Diomedeidae (Family) | |||
| XXP | Birds | Petrels, prions, and shearwaters | Hydrobatidae, Procellariidae, and Pelecanoididae (Families) | |||
| XLA | Birds | Gulls and terns | Laridae (Family) | |||
| XHG | Birds | Shags | Phalacrocoracidae (Family) | |||
| XSU | Birds | Boobies and gannets | Sulidae (Family) | |||
| XPG | Birds | Penguins | Spheniscidae (Family) | |||
| WHT | Mammals | Dolphins and toothed whales | Odontoceti (Suborder) | |||
| WHB | Mammals | Baleen whales | Mysticeti (Suborder) | |||
| SEA | Mammals | Seals and sealions | Phocidae and Otariidae (Families) | |||
| TLE | Reptiles | Marine turtles | Chelonioidea (Superfamily) | |||
| SSN | Reptiles | Sea snakes | Hydrophiidae (Family) | |||
| CSB | Corals, sponges, and bryozoans | Corals, sponges, and bryozoans | Porifera (Phylum), Bryozoa (Phylum), Alcyonacea (Order), Gorgonacea (Order), Scleractinia (Order), Antipatharia (Order), Stylasteridae (Family) | |||
| COU | Corals, sponges, and bryozoans | Coral (Unidentified) | Alcyonacea (Order), Gorgonacea (Order), Scleractinia (Order), Antipatharia (Order), Stylasteridae (Family) | |||
| ONG | Corals, sponges, and bryozoans | Sponges | Porifera (Phylum) | |||
| COZ | Corals, sponges, and bryozoans | Bryozoan | Bryozoa (Phylum) |
Part 2CProtected fish species
| Species code | Common name | Scientific name | ||
| WPS | White pointer shark | Carcharodon carcharias | ||
| SBG | Spotted black grouper | Epinephelus daemelii | ||
| COB | Black corals | Antipatharia (Order) | ||
| ERR | Red hydrocorals | Errina spp. |
Rebecca Kitteridge,
for Clerk of the Executive Council.
Explanatory note
This note is not part of the regulations, but is intended to indicate their general effect.
Regulations 6, 10, and 14(2), which come into force on 1 April 2008,—
clarify that the reporting requirement of regulation 6(3)(b) applies in respect of lining trip catch effort returns, trawl catch effort returns, and tuna longlining catch effort returns:
amend the requirement under regulation 36 to the effect that container information is not required in respect of fish properly returned to the sea under Schedule 6 of the Fisheries Act 1996:
add a further code to Part 3 of Schedule 3.
Regulations 4, 5, 7 to 9, 11 to 13, and 14(1) come into force on 1 October 2008.
The purpose of these regulations is to enable better information to be collected on incidental catch of non-fish and protected fish species, including seabirds, marine mammals, and coral species, as well as to simplify and streamline the reporting requirements for these species. In order to achieve this, a regulated non-fish and protected species catch return (NFPSCR) will be introduced by these regulations. The new return will—
allow for fishers to report a wider range of incidental catch of aquatic species, eg, corals, in order to measure benthic impacts; and
contribute to the Ministry of Fisheries’ better understanding of the effects of fishing on the aquatic environment through provision of high quality information; and
provide an initial indication of which fisheries may have a problem with incidental catch of non-fish aquatic species; and
require fishers to complete returns in real time, recording the incidental catch on the NFPSCR as soon as practicable after the event; and
provide for fishers to furnish a standardised return that will be simpler and more intuitive to complete; and
ensure that non-fish incidental catch data and catch effort data can be linked.
Issued under the authority of the Legislation Act 2012.
Date of notification in Gazette: 28 February 2008.
Reprints notes
1 General
This is a reprint of the Fisheries (Reporting) Amendment Regulations 2008 that incorporates all the amendments to those regulations as at the date of the last amendment to them.
2 Legal status
Reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by any amendments to that enactment. Section 18 of the Legislation Act 2012 provides that this reprint, published in electronic form, has the status of an official version under section 17 of that Act. A printed version of the reprint produced directly from this official electronic version also has official status.
3 Editorial and format changes
Editorial and format changes to reprints are made using the powers under sections 24 to 26 of the Legislation Act 2012. See also http://www.pco.parliament.govt.nz/editorial-conventions/.
4 Amendments incorporated in this reprint
Fisheries (Reporting) Regulations 2017 (LI 2017/154): regulation 52