Fisheries (Declaration of New Stock Subject to Quota Management System) Notice 2001
Reprint
as at 19 October 2001
Fisheries (Declaration of New Stock Subject to Quota Management System) Notice 2001
(SR 2001/318)
Note
Changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in this reprint.
A general outline of these changes is set out in the notes at the end of this reprint, together with other explanatory material about this reprint.
This notice is administered by the Ministry of Fisheries.
Pursuant to section 18 of the Fisheries Act 1996, the Minister of Fisheries gives the following notice.
Contents
Notice
1 Title
This notice is the Fisheries (Declaration of New Stock Subject to Quota Management System) Notice 2001.
2 Commencement
This notice comes into force on the day after the date of its notification in the Gazette.
3 References to quota management areas, species, and codes
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(1) In Schedule 1 of this notice,—
(a) the quota management areas referred to by a reference number are the fisheries management areas described by reference to the same number in Part 1 of Schedule 1 of the Fisheries Act 1996, except as provided in paragraphs (c) to (f):
(b) where 2 or more quota management areas are shown as combined in respect of any species or class of fish, the combined areas together comprise 1 quota management area for that species or class of fish:
(c) in the case of cockles, the reference to quota management area 1A is a reference to the area set out in Schedule 2 of this notice:
(d) in the case of scallops in fisheries management area 4 (Chatham Islands scallops), the reference to quota management area 4 is a reference to the area set out in Schedule 3 of this notice:
(e) in the case of the Coromandel scallop fishery, the reference to quota management area CS is a reference to the area set out in Schedule 4 of this notice:
(f) in the case of kina, the references to quota management areas 7A and 7B are references to the areas set out in Schedule 5 of this notice.
(2) The references to species of fish in Schedule 1 of this notice are references to the species of fish specified in Part 2 of Schedule 3 of the Fisheries (Reporting) Regulations 2001.
(3) In Schedule 1 of this notice,—
(a) the references to fishstock codes are references to the existing reporting codes in Schedule 3 of the Fisheries (Reporting) Regulations 2001:
(b) the references to QMS codes are references to the codes for the relevant stock once it is introduced to the quota management system.
4 New stocks to be subject to quota management system
The fishstocks specified in the second column of Schedule 1, in the quota management areas specified in the third column of that schedule, are subject to the quota management system established under Part 4 of the Fisheries Act 1996 on and from—
(a) 1 October 2002, in the case of anchovy, blue mackerel, butterfish, cockles, garfish, kina, paddle crabs, pilchards, queen scallops, and sprats:
(b) 1 April 2002, in the case of Coromandel scallops:
(c) 1 April 2003, in the case of scallops other than Coromandel scallops.
5 Fishing years
The fishing year for each fishstock specified in Schedule 1 is the 12-month period beginning on—
(a) 1 April, in the case of Chatham Islands scallops and Coromandel scallops:
(b) 1 October, for all other fishstocks.
6 How total allowable commercial catch and annual catch entitlements to be expressed
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(1) The total allowable commercial catch and annual catch entitlements for all fishstocks specified in Schedule 1 other than Chatham Islands scallops and Coromandel scallops are to be expressed as greenweight.
(2) The total allowable commercial catch and annual catch entitlements for Chatham Islands scallops and Coromandel scallops are to be expressed as meatweight.
Schedule 1 |
| Species | Fishstock | Quota management area | QMS code | |
|---|---|---|---|---|
| Anchovy | ANC1 | 1 | ANC1 | |
| ANC2 | 2 | ANC2 | ||
| ANC3 | 3, 5, and 6 (combined) | |||
| ANC5 | ANC3 | |||
| ANC6 | ||||
| ANC4 | 4 | ANC4 | ||
| ANC7 | 7 | ANC7 | ||
| ANC8 | 8 and 9 (combined) | ANC8 | ||
| ANC9 | ||||
| ANC10 | 10 | ANC10 | ||
| Blue (English) mackerel | EMA1 | 1 | EMA1 | |
| EMA2 | 2 | EMA2 | ||
| EMA3 | 3, 4, 5, and 6 (combined) | |||
| EMA4 | EMA3 | |||
| EMA5 | ||||
| EMA6 | ||||
| EMA7 | 7, 8, and 9 (combined) | |||
| EMA8 | EMA7 | |||
| EMA9 | ||||
| EMA10 | 10 | EMA10 | ||
| Butterfish, greenbone | BUT1 | 1, 8, and 9 (combined) | BUT1 | |
| BUT8 | ||||
| BUT9 | ||||
| BUT2 | 2 | BUT2 | ||
| BUT3 | 3 | BUT3 | ||
| BUT4 | 4 | BUT4 | ||
| BUT5 | 5 | BUT5 | ||
| BUT6 | 6 | BUT6 | ||
| BUT7 | 7 | BUT7 | ||
| BUT10 | 10 | BUT10 | ||
| Cockle | COC1 | 1A | COC1A | |
| Garfish | GAR1 | 1 | GAR1 | |
| GAR2 | 2 | GAR2 | ||
| GAR3 | 3, 5, and 6 (combined) | |||
| GAR5 | GAR3 | |||
| GAR6 | ||||
| GAR4 | 4 | GAR4 | ||
| GAR7 | 7 | GAR7 | ||
| GAR8 | 8 and 9 (combined) | GAR8 | ||
| GAR9 | ||||
| GAR10 | 10 | GAR10 | ||
| Paddle crab | PAD1 | 1 | PAD1 | |
| PAD2 | 2 | PAD2 | ||
| PAD3 | 3 | PAD3 | ||
| PAD4 | 4 | PAD4 | ||
| PAD5 | 5 | PAD5 | ||
| PAD6 | 6 | PAD6 | ||
| PAD7 | 7 | PAD7 | ||
| PAD8 | 8 | PAD8 | ||
| PAD9 | 9 | PAD9 | ||
| PAD10 | 10 | PAD10 | ||
| Pilchard | PIL1 | 1 | PIL1 | |
| PIL2 | 2 | PIL2 | ||
| PIL3 | 3, 5, and 6 (combined) | |||
| PIL5 | PIL3 | |||
| PIL6 | ||||
| PIL4 | 4 | PIL4 | ||
| PIL7 | 7 | PIL7 | ||
| PIL8 | 8 and 9 (combined) | PIL8 | ||
| PIL9 | ||||
| PIL10 | 10 | PIL10 | ||
| Queen scallop | QSC3 | 3 and 5 (combined) | QSC3 | |
| QSC5 | ||||
| Scallop | SCA4 | 4 | SCA4 | |
| SCACS | CS | SCACS | ||
| Sea urchin, kina, sea egg | SUR3 | 3 | SUR3 | |
| SUR4 | 4 | SUR4 | ||
| SUR5 | 5 | SUR5 | ||
| SUR7 | 7A | SUR7A | ||
| SUR7 | 7B | SUR7B | ||
| Sprat | SPR1 | 1, 2, 8, and 9 (combined) | SPR1 | |
| SPR2 | ||||
| SPR8 | ||||
| SPR9 | ||||
| SPR3 | 3, 5, and 6 (combined) | SPR3 | ||
| SPR5 | ||||
| SPR6 | ||||
| SPR4 | 4 | SPR4 | ||
| SPR7 | 7 | SPR7 | ||
| SPR10 | 10 | SPR10 |
Schedule 2 |
Quota management area COC1A—Whangarei Harbour cockle fishery
All that area of New Zealand fisheries waters enclosed by a line—
(a) commencing at the mean high-water mark at Home Point (at 35°51.10′S and 174°31.46′E); then
(b) proceeding due west to the mean high-water mark on the western side of the harbour entrance at 35°51.10′S and 174°29.38′E; then
(c) proceeding in generally north-easterly, north-westerly, north-easterly, and south-easterly directions along the mean high-water mark of Whangarei Harbour back to the point of commencement.
Schedule 3 |
Quota management area SCA4—Chatham Islands scallop fishery
All that area of New Zealand fisheries waters (excluding Te Whanga Lagoon and its tributaries) enclosed by a line along the boundary of the territorial sea around the Chatham Islands.
Schedule 4 |
Quota management area SCACS—Coromandel scallop fishery
All that area of New Zealand fisheries waters enclosed by a line—
(a) commencing at Town Point (at 37°44.50′S and 176°28.07′E) in the Bay of Plenty; then
(b) proceeding due north to a point at sea at 36°03.10′S and 176°28.07′E; then
(c) proceeding due west to the northernmost point of Great Barrier Island (at 36°03.10′S and 175°23.80′E); then
(d) proceeding in a generally south-westerly direction to Cape Rodney (at 36°16.80′S and 174°49.30′E); then
(e) proceeding along the mean high-water mark of the east coast of the North Island to Papatu Point (at 37°28.25′S and 175°59.15′E) at the Katikati entrance of Tauranga Harbour; then
(f) proceeding in a straight line in a generally southerly direction to the northernmost point of Matakana Island (at 37°28.46′S and 175°59.12′E); then
(g) proceeding along the mean high-water mark of the seaward side of Matakana Island to the easternmost point of Matakana Island (at 37°38.23′S and 176°09.71′E); then
(h) proceeding in a straight line in a generally easterly direction to the southernmost point of Mount Maunganui (at 37°38.27′S and 176°10.14′E); then
(i) proceeding along the mean high-water mark along the east coast of the North Island to the point of commencement.
Schedule 5 |
Quota management area SUR7B—Challenger (Westland)
All that area of New Zealand fisheries waters enclosed by a line—
(a) commencing on the mean high-water mark of the west coast of the South Island at the westernmost point of Kahurangi Point (approximately 40°47.0′S and 172°13.0′E); then
(b) proceeding west along the line of this latitude to the exclusive economic zone boundary (longitude approximately 167°04.2′E); then
(c) proceeding in a generally south-westerly direction along the exclusive economic zone boundary to a point on the latitude of the westernmost point of Awarua Point (approximately 44°15.6′S and 162°12.9′E); then
(d) proceeding east along the line of this latitude to the mean high-water mark of the west coast of the South Island at the westernmost point of Awarua Point (approximately 44°15.6′S and 168°03.1′E); then
(e) proceeding in a generally north-easterly direction along the mean high-water mark of the South Island until reaching the point of commencement.
Quota management area SUR7A—Challenger (Nelson/Marlborough)
All that area of New Zealand fisheries waters enclosed by a line—
(a) commencing on the mean high-water mark of the west coast of the South Island at the westernmost point of Kahurangi Point (approximately 40°47.0′S and 172°13.0′E); then
(b) proceeding west along the line of this latitude to the exclusive economic zone boundary (longitude approximately 167°05.0′E); then
(c) proceeding in a generally north-easterly direction along the exclusive economic zone boundary to the easternmost point of the exclusive economic zone boundary nearest 37°35.6′S and 170°05.7′E; then
(d) proceeding in a generally south-easterly direction directly to a point at 40°32.0′S and 174°20.0′E; then
(e) proceeding in a generally south-easterly direction directly to a point at 42°10.0′S and 174°42.0′E; then
(f) proceeding west along latitude 42°10.0′S to the mean high-water mark of the east coast of the South Island near Clarence Point (longitude approximately 173°56.5′E); then
(g) proceeding in generally northerly, westerly, then south-westerly directions along the mean high-water mark of the South Island to the point of commencement.
Dated at Wellington this 17th day of October 2001.
Pete Hodgson,
Minister of Fisheries.
Explanatory note
This note is not part of the notice, but is intended to indicate its general effect.
This notice, which comes into force on the day after the date of its notification in the Gazette, adds stocks from 11 species to the quota management system established under Part 4 of the Fisheries Act 1996.
On and from 1 October 2002, anchovy, blue mackerel, butterfish, cockles in area 1A, garfish, kina (other than kina in areas 1, 2, 8, 9, and 10), paddle crabs, pilchard, queen scallops, and sprats are subject to the quota management system.
Coromandel scallops are subject to the quota management system on and from 1 April 2002, and Chatham Islands scallops on and from 1 April 2003.
Date of notification in Gazette: 18 October 2001.
Contents
1General
2Status of reprints
3How reprints are prepared
4Changes made under section 17C of the Acts and Regulations Publication Act 1989
5List of amendments incorporated in this reprint (most recent first)
Notes
1 General
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This is a reprint of the Fisheries (Declaration of New Stock Subject to Quota Management System) Notice 2001. The reprint incorporates all the amendments to the notice as at 19 October 2001, as specified in the list of amendments at the end of these notes.
Relevant provisions of any amending enactments that have yet to come into force or that contain relevant transitional or savings provisions are also included, after the principal enactment, in chronological order.
2 Status of reprints
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Under section 16D of the Acts and Regulations Publication Act 1989, reprints are presumed to correctly state, as at the date of the reprint, the law enacted by the principal enactment and by the amendments to that enactment. This presumption applies even though editorial changes authorised by section 17C of the Acts and Regulations Publication Act 1989 have been made in the reprint.
This presumption may be rebutted by producing the official volumes of statutes or statutory regulations in which the principal enactment and its amendments are contained.
3 How reprints are prepared
A number of editorial conventions are followed in the preparation of reprints. For example, the enacting words are not included in Acts, and provisions that are repealed or revoked are omitted. For a detailed list of the editorial conventions, see http://www.pco.parliament.govt.nz/editorial-conventions/ or Part 8 of the Tables of New Zealand Acts and Ordinances and Statutory Regulations and Deemed Regulations in Force.
4 Changes made under section 17C of the Acts and Regulations Publication Act 1989
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Section 17C of the Acts and Regulations Publication Act 1989 authorises the making of editorial changes in a reprint as set out in sections 17D and 17E of that Act so that, to the extent permitted, the format and style of the reprinted enactment is consistent with current legislative drafting practice. Changes that would alter the effect of the legislation are not permitted.
A new format of legislation was introduced on 1 January 2000. Changes to legislative drafting style have also been made since 1997, and are ongoing. To the extent permitted by section 17C of the Acts and Regulations Publication Act 1989, all legislation reprinted after 1 January 2000 is in the new format for legislation and reflects current drafting practice at the time of the reprint.
In outline, the editorial changes made in reprints under the authority of section 17C of the Acts and Regulations Publication Act 1989 are set out below, and they have been applied, where relevant, in the preparation of this reprint:
•omission of unnecessary referential words (such as
“of this section”
and“of this Act”
)•typeface and type size (Times Roman, generally in 11.5 point)
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•layout of provisions, including:
•indentation
•position of section headings (eg, the number and heading now appear above the section)
•format of definitions (eg, the defined term now appears in bold type, without quotation marks)
•format of dates (eg, a date formerly expressed as
“the 1st day of January 1999”
is now expressed as“1 January 1999”
)•position of the date of assent (it now appears on the front page of each Act)
•punctuation (eg, colons are not used after definitions)
•Parts numbered with roman numerals are replaced with arabic numerals, and all cross-references are changed accordingly
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•case and appearance of letters and words, including:
•format of headings (eg, headings where each word formerly appeared with an initial capital letter followed by small capital letters are amended so that the heading appears in bold, with only the first word (and any proper nouns) appearing with an initial capital letter)
•small capital letters in section and subsection references are now capital letters
•schedules are renumbered (eg, Schedule 1 replaces First Schedule), and all cross-references are changed accordingly
•running heads (the information that appears at the top of each page)
•format of two-column schedules of consequential amendments, and schedules of repeals (eg, they are rearranged into alphabetical order, rather than chronological).