Pursuant to Regulation 54(2)(a) of the Fisheries (Amateur Fishing) Regulations 2013, and section 190 of the Fisheries Act 1996, the Director Fisheries Management, Fisheries New Zealand (acting pursuant to delegated authority from the Chief Executive of the Ministry for Primary Industries under the State Sector Act 1988), after complying with the requirements of that section and Regulation 54(5) gives the following notice.

Notice

1. Title

This notice is the Fisheries (Amateur-fishing Charter Vessel Reporting) Notice 2020.

2. Commencement

This notice comes into force on the 28th day after the date of its notification in the New Zealand Gazette.

3. Interpretation

(1) In this notice—

Act means the Fisheries Act 1996.

fishing trip means any trip, from departing the port until returning to the port, in which people perform fishing activities on a vessel operated by an amateur-fishing charter vessel operator.

Regulations means the Fisheries (Amateur Fishing) Regulations 2013.

(2) In this notice, the fishing activities that occur in a fishing trip are divided into fishing events as follows:

1. a fishing event starts when fishing activities start or when the prior fishing event ends while fishing activities continue;
2. a fishing event ends when fishing activities end or when a new fishing event starts, which happens:
1. each time the target species, the fishing method, or the number of people actively fishing changes; and
2. each time the location changes, if the fishing method involves a static location; and
3. each time the location changes by 6 nautical miles, if the fishing method involves a changing location (such as drift fishing or trolling), but is not trolling for big game fish; and
4. at noon (if fishing activities are occurring then), and when fishing activities end, if the fishing method is trolling for big game fish.

(3) A term used in this notice that is defined in the Act or the Regulations, but not in this notice, has the meaning given by the Act or the Regulations.

(4) A term has the meaning given by this clause unless the context requires another meaning.

4. Information must be provided by amateur-fishing charter vessel operator

This notice specifies the following for the purposes of Regulation 54(2)(a) of the Regulations:

1. the information that an amateur-fishing charter vessel operator must provide to the chief executive; and
2. the form in which, and times at which, the information must be provided.

5. Information that must be provided

An amateur-fishing charter vessel operator must provide the following information for each day of a fishing trip of each vessel operated by the operator:

1. the date;
2. the MNZ/MSA number of the vessel;
3. the name of the vessel;
4. the MPI operator number;
5. the port of departure;
6. activity reports required by clause 5;
7. catch reports required by clause 6.

6. Requirements for activity reports

(1) An activity report is required for each fishing event.

(2) An activity report must include the following information about the fishing event:

1. the target species;
2. the fishing method;
3. the number of people actively fishing;
4. the location;
5. the time spent fishing (being the duration of the fishing event).

7. Requirements for catch reports

(1) This clause requires a catch report for each fishing event in which certain species of fish are caught in New Zealand fisheries waters:

1. bass (Polyprion americanus);
2. blue cod (Parapercis colias);
3. bluenose (Hyperoglyphe antarctica);
4. hapuku (Polyprion oxygeneios);
5. kingfish (Seriola lalandi);
6. Pacific bluefin tuna (Thunnus orientalis);
7. scallop (Pecten novaezelandiae);
8. snapper (Pagrus auratus);
9. southern bluefin tuna (Thunnus maccoyii);
10. spiny or red rock lobster (Jasus edwardsii);
11. tarakihi (Nemadactylus macropterus).

(2) A catch report for a species of fish must include the following information:

1. the species of fish;
2. the number of fish of each species that were caught;
3. the number of fish of each species that were kept;
4. the actual or estimated total weight of each species of fish that were kept.

8. How information must be provided

(1) The operator must provide the information—

1. on a paper form provided by the chief executive for that purpose; or
2. by an electronic method approved by the chief executive.

(2) In providing the information—

1. weights must be recorded or estimated in kilograms green weight;
2. times must be recorded in hours and minutes;
3. dates must be recorded in the form dd/mm/yy;
4. locations must be recorded to the nearest minute of latitude and longitude.

(3) If the operator provides the information on a paper form, it must be provided—

1. in duplicate; and
2. in a legible and durable form.

9. When information must be provided

(1) An amateur-fishing charter vessel operator must provide the information required by this notice for a fishing trip no later than 15 days after the last day of the calendar month in which the fishing trip ended.

(2) For each vessel, if no fishing trips are undertaken during any month, a person required to complete and provide a return must complete a “NIL” return for that calendar month in accordance with any explanatory notes provided.

10. 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:

1. 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
2. cause or allow copies to be taken of that return.

11. Vessel listing notification

The Operator, skipper or guide of an amateur-fishing charter vessel must ensure that a vessel listing notification is produced immediately on the request of a fishery officer.

12. 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.

13. Notices revoked

The following are revoked:

1. Fisheries (Amateur-Fishing Charter Vessel Reporting) Notice 2010 (New Zealand Gazette, 28 October 2010, No. 146, page 3649);
2. Fisheries (Amateur-Fishing Charter Vessel Reporting) Notice 2012 (New Zealand Gazette, 18 October 2012, No. 126, page 3664).

Dated at Wellington this 6th day of July 2020.

ARTHUR HORE, Acting Director Fisheries Management, Fisheries New Zealand, for the Chief Executive of the Ministry for Primary Industries.