These regulations are the Fisheries (Transitional Provisions) Regulations (No 3) 2001.

(1) Regulations 3, 4, 5, and 11 come into force on the day after the date on which these regulations are notified in the Gazette.

(2) The rest of these regulations come into force on 1 October 2001.

In these regulations, unless the context otherwise requires,—

(1) This regulation applies in relation to all fishing permits that have effect under the 1983 Act immediately before the commencement of this regulation.

(2) The chief executive may, by notice in writing to the holder of a fishing permit to which this regulation applies, revoke the permit.

(3) On giving a notice under subclause (2), the chief executive must issue a new fishing permit under section 91 of the 1996 Act for the balance of the term for which the revoked permit was granted, and on the terms and conditions (if any) that applied to the revoked permit to the extent that they are not inconsistent with the 1996 Act.

(4) No fee is payable for the re-issue of a fishing permit in accordance with this regulation.

(5) A fishing permit re-issued in accordance with this regulation expires with the close of the term for which it is re-issued.

(6) This regulation applies despite anything in sections 91 and 328 of the 1996 Act.

(1) This regulation applies in relation to all fishing vessel registrations that have effect under the 1983 Act immediately before the commencement of this regulation.

(2) The chief executive may, by notice in writing to the registered owner of a fishing vessel to which this regulation applies, revoke the registration of the vessel.

(3) After giving notice under subclause (2), the chief executive must re-register the vessel under section 103 of the 1996 Act for the balance of the term for which the revoked registration was granted, and on the terms and conditions (if any) that applied to the revoked registration to the extent that they are not inconsistent with the 1996 Act.

(4) No fee is payable for the re-registration of a fishing vessel in accordance with this regulation or for an application to become a notified user in relation to the vessel for the purposes of the 1996 Act, but only if (in either case) the applicant was the registered owner or one of the registered owners immediately before the commencement of this regulation.

(5) If a vessel has multiple registered owners,—

• (a) the registered owners must, by notice in writing given to the chief executive (by a date specified in the notice given under subclause (2)), nominate—

  • (i) one of their number to be the operator of the vessel; and

  • (ii) 1 or more of their number to be the notified users of the vessel; and

• (b) the nominated registered owner must be treated for the purposes of the 1996 Act as the operator in relation to the vessel; but

• (c) if the registered owners fail to comply with paragraph (a) by the date specified in the notice given under subclause (2) they must be treated for the purposes of the 1996 Act as owners of an unregistered fishing vessel.

(6) Unless subclause (5) applies, the registered owner must be treated as the operator in relation to the vessel.

(7) A re-registration of a fishing vessel in accordance with this regulation, and every certificate of notification under the 1996 Act that is issued in relation to the vessel, expires with the close of the term for which the re-registration is granted.

(8) This regulation applies despite anything in sections 103 and 328 of the 1996 Act.

Section 343 of the 1996 Act applies in relation to provisional individual transferable quota under the 1983 Act as if the term individual transferable quota in that section included that provisional individual transferable quota.

(1) In these regulations, transition period, in relation to freshwater eel in quota management area ANG13, means the period commencing on 1 October 2001 and ending with the close of the day immediately preceding the start of the first fishing year specified by Order in Council under section 369L of the 1996 Act.

(2) Except as provided in these regulations, during the transition period, all references to the fishing year in the 1996 Act and in any regulations for the time being in force under that Act or the 1983 Act must, in relation to freshwater eel in quota management area ANG13, be read as a reference to the transition period unless the context otherwise requires.

(3) Subclause (2) applies to references to a fishing year regardless of how the reference is expressed (for example, it applies to references to “every fishing year”, “the relevant fishing year”, “the current fishing year”, and “any fishing year”).

(4) However,—

• (a) section 67B(2) of the 1996 Act does not apply in relation to any provisions of any Order in Council made before the transition period under section 67B(1) that relate to freshwater eel in quota management area ANG13, and instead those provisions of that order take effect on the commencement of the transition period:

• (b) during the transition period, the words “the commencement of the fishing year following that in which” in section 188(4)(a) of the 1996 Act must, in relation to freshwater eel in quota management area ANG13, be read as “the commencement of the fishing year following the transition period in which”.

(5) During the transition period, the following provisions do not apply in relation to freshwater eel in quota management area ANG13:

• (a) section 128(1)(g) of the 1996 Act:

• (b) regulation 5(2)(d) and (f) of the Fisheries (Registers) Regulations 2001.

(1) The interim deemed value rate and annual deemed value rate to be set under section 75(1) of the 1996 Act for freshwater eel in quota management area ANG13 must be set for the transition period, and that rate applies for that period and any subsequent fishing year until varied under section 75 despite anything in subsection (1) of that section.

(2) Nothing in section 75(7) of the 1996 Act applies in relation to freshwater eel in quota management area ANG13 while a rate set in accordance with subclause (1) is in force.

(3) The Fisheries (Deemed Values and Notification of Balances) Regulations 2001 apply in relation to freshwater eel in quota management area ANG13 during the transition period.

(1) The total allowable catch to be set under section 13 of the 1996 Act for freshwater eel in quota management area ANG13 must be set for the transition period, and that total allowable catch continues to apply in each fishing year for that stock unless varied under section 13 or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26 of the 1996 Act.

(2) The total allowable commercial catch to be set under section 20 of the 1996 Act for freshwater eel in quota management area ANG13 must be set for the transition period, and that total allowable commercial catch continues to apply in each fishing year for that stock unless varied under section 20 or until an alteration of the quota management area for that stock takes effect in accordance with sections 25 and 26 of the 1996 Act.

During the transition period, section 74 of the 1996 Act applies in relation to freshwater eel in quota management area ANG13 as if the transition period were an ordinary fishing year for that stock.

(1) Despite section 75(7) of the 1996 Act, the Minister must set under section 75 of that Act an annual deemed value rate for a stock with a fishing year commencing on 1 April for the period commencing on 1 October 2001 and ending with the close of 31 March 2002.

(2) Despite section 75 of the 1996 Act, deemed values set under the 1983 Act for stocks with a fishing year commencing on 1 April are interim deemed values for the purposes of the 1996 Act.

(3) For the purposes of section 76 of the 1996 Act, a deemed value relating to a stock with a fishing year commencing on 1 April that was demanded but not remitted before 1 October 2001 must be treated as if it were an interim deemed value set under the 1996 Act.

(4) For the purposes of section 79 of the 1996 Act, a deemed value relating to any stock that was demanded but not remitted before 1 October 2001 does not form part of overdue deemed values.