Pursuant to Regulation 26B of the Fisheries (Amateur Fishing) Regulations 1986 and section 190 of the Fisheries Act 1996, the Chief Executive of the Ministry of
Fisheries gives the following notice.
N o t i c e
1. Title-This notice is the Fisheries (Amateur-Fishing Charter Vessel Reporting) Notice 2010.
2. Commencement-This notice comes into effect on
1 November 2010.
3. Interpretation-In this notice:
"Fishing trip" means any period in which amateur fishers taking part in a trip embark on a vessel and disembark at the end of the trip.
4. Returns supplied by chief executive-(1) The chief executive must ensure that returns are available.
(2) The chief executive may include within, or make separately available with, any returns, explanatory notes explaining terms used in the return, or explaining or elaborating on the manner in which the return must be completed or provided.
5. Chief executive may give directions as to manner of completing returns-If the chief executive considers that a person required to provide returns is not or has not been completing returns in an appropriate manner:
(a) the chief executive may, by notice in writing,
direct the person as to the manner in which returns must be completed by that person; and
(b) the person must subsequently ensure that returns provided by the person comply with that direction.
6. Returns must be used-(1) A person who is required to provide returns must:
(a) obtain returns for each vessel operated by that person from the chief executive; and
(b) enter all information required for the return:
(i) in duplicate; and
(ii) in a legible and durable manner; and
(iii) in accordance with the requirements of any explanatory notes or directions provided by the chief executive; and
(c) provide to the chief executive the original copy of the return; and
(d) retain in each book of returns the duplicate copy of the return.
(2) Until a book of returns is completely used on the completion of the last return contained in it, the book must be on board the vessel at all times when the vessel is being used or operated on a fishing trip.
7. Amateur-fishing charter vessel operator required to provide returns-(1) An amateur-fishing charter vessel operator must complete and provide to the chief executive a return for each vessel operated by that person.
(2) Any person required to complete and provide returns must for each vessel operated:
(a) accurately enter the required information onto a return during the fishing trip; and
(b) correctly complete a return for each fishing trip; and
(c) provide the return to the chief executive not later than 15 days after the last day of each calendar month in which the fishing took place.
(3) For each vessel, if no fishing trips are undertaken during any month, a person required to complete and provide a return must:
(a) complete a return for that calendar month in accordance with any explanatory notes provided; and
(b) provide to the chief executive, not later than 15 days after the last day of each calendar month, a return for that month.
8. Inspection of returns-A person who is required to provide returns or who has custody of returns must, on request by the chief executive or a fishery officer:
(a) immediately produce for inspection the return that
is the subject of the request (whether original or duplicate, and whether or not completed or already provided to the chief executive); and
(b) cause or allow copies to be taken of that return.
9. Method of entering certain details on return-For the purpose of completing a return, unless otherwise stated on the return or in any explanatory notes supplied or made available by the chief executive or unless the chief executive otherwise notifies the person who is required to complete the return in writing:
(a) all weights must be recorded in kilograms;
(b) all times must be recorded in hours and minutes;
(c) any area in which amateur charter fishing is undertaken, the person completing the return must enter the latitude and longitude of each location where the fish were taken or where fishing commenced to the nearest minute, and in accordance with any explanatory notes; and
(d) all matters for which a code is required to be entered must be entered using the most appropriate code.
10. Vessel listing notification-The operator, skipper or guide of an amateur-fishing charter vessel must ensure that a vessel listing notification is:
(a) kept on board at all times; and
(b) maintained in a legible condition; and
(c) produced immediately on the request of a fishery officer.
11. Duplicate returns must be retained for two years-
A person who is required to complete and provide a return must retain in the person’s custody, for a period of not less than two years after the date of completion of the return, the duplicate of the return.
12. Chief executive may waive requirements in certain cases-The chief executive may waive or suspend any requirement of this notice if the chief executive is satisfied that:
(a) compliance with any of requirements set out in
this notice would cause undue hardship or would be unduly impracticable; and
(b) the waiver or suspension of any requirement
would not unduly prejudice the management and conservation of any fishery resource.
13. Reporting of catch information-(1) From 1 November 2010, catch information is required for:
(a) fishing undertaken in FMA7 for the following species:
(i) Blue cod (Parapercis colias)
(ii) Southern bluefin tuna (Thunnus maccoyii)
(iii) Pacific bluefin tuna (Thunnus orientalis)
(b) fishing undertaken for spiny red rock lobster (Jasus edwardsii) in the following areas:
(A) All that area of New Zealand fisheries waters enclosed by a line:
(i) commencing on the mean high water mark (MHWM) of the South Island at Bush End Point (Farewell Spit) (at 40°32.90'S and 173°00.60'E); then
(ii) proceeding in a generally easterly direction in a straight line to a point (at 40°32.00'S and 174°20.00'E); then
(iii) proceeding in a generally southerly direction in a straight line to a point
(at 42°10.00'S and 174°42.00'E); then
(iv) proceeding due west along the 42°10.00'S line of latitude to a point on the MHWM near Clarence Point (at 42°10.00'S and 173°56.50'E); then
(v) proceeding along the MHWM of the
South Island in a generally north-westerly direction to the point of commencement; and
(B) All that area of New Zealand fisheries waters enclosed by a line:
(i) commencing on the mean high-water mark (MHWM) of the South Island at
the westernmost point of Awarua Point
(at 44°15.60'S and 168°03.10'E); then
(ii) proceeding due west along the 44°15.60'S line of latitude to a point on the outer
limit of the exclusive economic zone
(at 44°15.60'S and 162°12.90'E); then
(iii) proceeding in a generally north-easterly direction along the outer limit of the exclusive economic zone to a point
(at 40°30.00'S and 167°23.10'E); then
(iv) proceeding in a generally south-easterly direction in a straight line to the
north-westernmost point of Abut Head
(at 43°06.40'S and 170°15.50'E); then
(v) proceeding along the MHWM of the
South Island in a generally south-westerly direction to the point of commencement.
(2) From 1 October 2011, catch information is required for fishing undertaken in FMA1 for the following species:
(a) Hapuku (Polyprion oxygeneious)
(b) Bass (Polyprion americanus)
(c) Kingfish (Seriola lalandi)
(d) Southern bluefin tuna
(e) Pacific bluefin tuna
(3) From 1 October 2012, catch information is required for fishing undertaken for the following species and areas:
(a) Hapuku in FMA2 and FMA9
(b) Bass in FMA2 and FMA9
(c) Kingfish in FMA2
(d) Southern bluefin tuna in all New Zealand fisheries waters
(e) Pacific bluefin tuna in all New Zealand fisheries waters
(f) Spiny red rock lobster in all that area of New Zealand fisheries waters enclosed by a line:
(i) commencing at a point on the mean high-
water mark (MHWM) near Clarence Point
(at 42°10.00'S and 173°56.50'E); then
(ii) proceeding due east along the 42°10.00'S line of latitude to a point (at 42°10.00'S and 174°42.00'E); then
(iii) proceeding in a generally northerly direction in a straight line to a point (at 40°32.00'S and 174°20.00'E); then
(iv) proceeding in a generally easterly direction in
a straight line to the westernmost point of the southern bank of the Manawatu River mouth
(at 40°28.50'S 175°12.20'E); then
(v) proceeding along the MHWM of the North Island in generally southerly and then generally north-easterly direction to the East Cape Lighthouse (at 37°41.40'S and 178°32.80'E); then
(vi) proceeding in a generally north-easterly direction in a straight line to a point on the outer limit of the exclusive economic zone (at 35°00.00'S and 178°58.20'W); then
(vii) proceeding in a generally southerly direction along the outer limit of the exclusive
economic zone to a point (at 40°21.00'S and 177°57.00'W); then
(viii) proceeding in a generally south-westerly direction in a straight line to a point
(at 44°00.00'S 178°30.00'E); then
(ix) proceeding in a generally south-westerly direction in a straight line to a point
(at 47°30.00'S and 175°00.00'E); then
(x) proceeding in a generally south-westerly direction in a straight line to a point
(at 49°00.00'S 173°00.00'E); then
(xi) proceeding in a generally south-easterly direction in a straight line to a point on the boundary of the exclusive economic zone
(at 51°41.40'S and 174°31.70'E); then
(xii) proceeding in a generally southerly and then generally northerly direction along the outer limit of the exclusive economic zone to a point (at 44°15.60'S and 162°12.90'E); then
(xiii) proceeding due east along the 44°15.60'S line of latitude to the westernmost point of Awarua Point (at 44°15.60'S and 168°03.10'E); then
(xiv) proceeding in a generally southerly and then generally north-easterly direction along the MHWM of the South Island to the point of commencement.
Dated at Wellington this 20th day of October 2010.
WAYNE MCNEE, Chief Executive, Ministry of Fisheries.