New Zealand Acts

FISHERIES AMENDMENT ACT (NO 2) 2004 - SECT 5

5 New heading and sections inserted

The principal Act is amended by inserting, after section 369M , the following heading and sections:

369N Scampi subject to quota management system

1 On 1 October 2004 scampi in quota management areas SCI1, SCI2, SCI3, SCI4A, SCI5, SCI6A, SCI6B, SCI7, SCI8, SCI9, and SCI10 become subject to the quota management system under Part 4 .

2 In this section and sections 369O to 369R ,—

a) the references to quota management areas SCI1, SCI2, SCI5, SCI7, SCI8, SCI9, and SCI10 are references to the fishery management areas described by reference to the same numbers in the First Schedule :

b) the references to SCI3, SCI4A, SCI6A, and SCI6B are references to the scampi quota management areas described by reference to those numbers in Schedule 13 .

3 The fishing year for scampi is the 12-month period commencing on 1 October.

4 The total allowable commercial catch and annual catch entitlement for scampi in the quota management areas referred to in subsection (1) are to be expressed in greenweight.

369O Allocation of provisional catch history

1 Each person named in column 1 of Part 1 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI1.

2 Each person named in column 1 of Part 2 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI2.

3 Each person named in column 1 of Part 3 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI3.

4 Each person named in column 1 of Part 4 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI4A.

5 Each person named in column 1 of Part 5 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI5.

6 Each person named in column 1 of Part 6 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI6A.

7 Each person named in column 1 of Part 7 of Schedule 14 is allocated the amount of provisional catch history for scampi set out in column 3 of that part of that schedule opposite that person's name, and those allocations apply to scampi in quota management area SCI9.

369P Notification of fishers allocated provisional catch history

1 As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 comes into force, the chief executive must notify every person named in Schedule 14 of—

a) the amount of provisional catch history allocated to the person under section 369O for each of the quota management areas SCI1, SCI2, SCIS, SCI4A, SCIS, SCI6A, and SCI9; and

b) the person's right to appeal under section 51(1) (as read in accordance with section 369R(4) ; and

c) the requirement that any appeal to the Catch History Review Committee must be lodged not later than the date specified for that purpose in the notification.

2 The date referred to in subsection (1)(c) and specified in the notification must be not less than 20 working days after the date of the notification.

369Q Public notification of provisional catch history allocation

1 As soon as practicable after the date on which the Fisheries Amendment Act (No 2) 2004 comes into force, the chief executive must publicly notify—

a) that provisional catch history for scampi has been allocated under section 369O ; and

b) that a person may appeal to the Catch History Review Committee under section 51(1) (as read in accordance with section 369R(4) ) if the person—

i) has not been allocated provisional catch history for scampi; and

ii) believes that he or she is or will be entitled to receive provisional catch history on the grounds specified in that section or is entitled to receive quota for scampi; and

c) that the appeal must be lodged no later than the date specified for that purpose in the notification.

2 The date referred to in subsection (1)(c) and specified in the notification must be not less than 20 working days after the date of the notification.

369R Application of certain provisions to scampi

1 Sections 36 and 37 apply in relation to scampi as if the references to 20 working days in sections 36(2)(b) and 37(2)(b) were instead references to 10 working days.

2 Sections 42 to 44, 46 to 49, 51 to 53, 54(1)(a), (2), and (3), 55, and 283 to 293 apply to the allocation of individual transferable quota for scampi.

3 Section 45 applies to scampi as if the declaration in section 369N(1) were a notice in the Gazette under section 18 .

4 For the purposes of subsection (2) of this section , section 51 must be read as if, for subsection (1) of that section , there were substituted the following subsection:

5 For the purposes of this section,—

a)
"eligible catch" has the meaning given it by section 34(2) , as if—

i) the provisional catch history for scampi allocated under section 369O were calculated in a manner consistent with section 34(1)(c) ; and

ii) the applicable qualifying years were the period commencing with 1 October 1990 and ending with 30 September 1992; and

b)
"eligible return" has the meaning given it by section 32(2) .