Pursuant to section 296P of the Fisheries Act 1996, I make the following notice.
N o t i c e
1. Title and commencement—(1) This notice may be cited as the Fisheries (Standards and Specifications) Notice 2005.
(2) This notice shall come into effect on the day after its publication in the New Zealand Gazette.
2. Interpretation—In this notice, terms and expressions defined in the Fisheries Act 1996 have the same meanings as in that Act.
3. Nature of standards and specifications and amendment—(1) The Manager, Allocations and Regulatory Services at the Ministry of Fisheries, acting under delegated authority, has amended the standards and specifications issued under section 296O of the Fisheries Act 1996.
(2) The standards and specifications relate to the performance or exercise of specified functions, duties and powers by an approved service delivery organisation (ASDO). A general indication of the nature of these standards and specifications is listed in clause 4 below.
(3) The amendment to the standards and specifications
will ensure that vessels are registered under section 103 (3)
of the Fisheries Act 1996 for a period not in excess of
12 months.
4. Business standards and specifications—These standards and specifications relate to the general operation and management of an ASDO in exercising any specified function, duty or power including standards and specifications relating to:
(a) ASDO operation.
(b) performance record keeping and reporting to the Ministry.
(c) relationship between the Minister and the ASDO, including dispute resolution.
(d) development and use of approved forms.
(e) information management and system requirements.
(f) the technical operating standards for exchange of electronic data and information from an ASDO (including data exchange dictionaries).
(g) supply of information to the Ministry to assist with requests made under the Official Information Act 1982.
5. Service standards and specifications—These standards and specifications relate to the operation and management of specific registry services by an ASDO including standards and specifications relating to:
(a) revoking and amending approvals for licences, approvals, authorities, permissions or decisions or a registration where false or misleading information has been supplied.
(b) monitoring and recording fishers’ compliance with various reporting and record-keeping requirements.
(c) client registration.
(d) monitoring foreign ownership and quota aggregation provisions.
(e) maintaining and operating registers relating to quota, annual catch entitlements (ACE), registered fishing vessels, fishing permits and the Transitional Register of Quota and Forward Trades.
(f) recording decisions regarding quota allocation on the quota and ACE registers.
(g) processing transfers of quota and ACE and calculating and comparing ACE with reported catch.
(h) processing applications for caveats and mortgages.
(i) recording decisions made by the Ministry of Fisheries on applications for fishing permits on the permit register.
(j) registering fishing vessels except for the granting of consent to register foreign owned or operated fishing vessels or fish carriers.
(k) processing and licensing licensed fish receiver applications.
(l) receiving and processing of monthly harvesting returns, licensed fish receiver (LFR) returns, annual inventory returns from an LFR and annual audit reports from an LFR.
(m) monitoring catch limits and providing reports to the Ministry regarding those limits.
(n) issuing Section 80 (Conclusive Notification) notifications.
(o) amending catch balances.
(p) reviewing Section 80 (Conclusive Notification) notifications.
(q) monitoring over-fishing thresholds and tolerance levels as set by the Minister of Fisheries from time to time and actioning breaches of those thresholds and levels.
6. Copies of standards and specifications—Full copies of the standards and specifications are available from the Head Office, Ministry of Fisheries, 256 Lambton Quay (P.O. Box 1020), Wellington.
Dated at Wellington this 29th day of August 2005.
DAVID BENSON-POPE, Minister of Fisheries.