Fisheries Act 1996

(2) The Minister may make an instrument under section 72A that has effect until a date no later than 30 September 2026 for any stock or species listed in table 2 without further authority than this subclause and as if the statutory prerequisites for making the instrument had been complied with: Table 2—Stocks or species deemed to meet criteria in section 72A until a date no later than 30 September 2026.

Blue shark (Prionace glauca) in all New Zealand fisheries waters: A commercial fisher may return any blue shark to the waters from which it was taken— (a) live, if the blue shark is likely to survive on return and the return takes place as soon as practicable after the blue shark was taken; or (b) dead or near-dead, if paragraph (a) does not apply. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

Mako shark (Isurus oxyrinchus) in all New Zealand fisheries waters: A commercial fisher may return any mako shark to the waters from which it was taken— (a) live, if the mako shark is likely to survive on return and the return takes place as soon as practicable after the mako shark was taken; or (b) dead or near-dead, if paragraph (a) does not apply. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

Porbeagle shark (Lamna nasus) in all New Zealand fisheries waters: A commercial fisher may return any porbeagle shark to the waters from which it was taken— (a) live, if the porbeagle shark is likely to survive on return and the return takes place as soon as practicable after the porbeagle shark was taken; or (b) dead or near-dead, if paragraph (a) does not apply. For the purposes of paragraph (b) of this requirement, near-dead means unlikely to survive on return.

School shark (Galeorhinus galeus) in all New Zealand fisheries waters: A commercial fisher may return any school shark to the waters from which it was taken if— (a) the school shark is likely to survive on return; and (b) the return takes place as soon as practicable after the school shark is taken.

11. For the purposes of this article, a serious violation means: (a) fishing without a valid licence, authorization or permit issued by the flag State in accordance with article 18, paragraph 3(a); (b) failing to maintain accurate records of catch and catch-related data, as required by the relevant subregional or regional fisheries management organization or arrangement, or serious misreporting. of catch, contrary to the catch reporting requirements of such organization or arrangement; (c) fishing in a closed area, fishing during a closed season or fishing without, or after attainment of, a quota established by the relevant subregional or regional fisheries management organization or arrangement; (d) directed fishing for a stock which is subject to a moratorium or for which fishing is prohibited; (e) using prohibited fishing gear; (f) falsifying or concealing the markings, identity or registration of a fishing vessel; (g) concealing, tampering with or disposing of evidence relating to an investigation; (h) multiple violations which together constitute a serious disregard of conservation and management measures; or (i) such other violations as may be specified in procedures established by the relevant subregional or regional fisheries management organization or arrangement.

(1) The Secretary of Foreign Affairs and Trade may from time to time, by notice in the Gazette, give notice of— (a) a global, regional, or subregional fisheries organisation or arrangement; or (b) international conservation and management measures. (2) A notice given under subsection (1) must specify where a copy of the constitution of the organisation or a copy of the arrangement or international conservation and management measures, as the case may be, may be obtained. (3) The Secretary of Foreign Affairs and Trade may sign a certificate stating that a specified State is or is not— (a) a State that is a party to the Fish Stocks Agreement; or (b) a State that is a party to the FAO Compliance Agreement; or (c) a State that is a participant in, is a member of, or has accepted the obligations of, a global, regional, or sub-regional fisheries organisation or arrangement; or (d) a State that is a signatory to the Fish Stocks Agreement, and has legislative and administrative mechanisms to control its vessels on the high seas in accordance with that agreement. (4) A certificate referred to in subsection (3) is, for all purposes, conclusive evidence of its contents unless the contrary is proved by the production of a more recent certificate issued under that subsection.

(1) The observer programme is established for the purposes of— (a) collecting reliable and accurate information for fisheries research, fisheries management, and fisheries enforcement: (b) collecting reliable and accurate information about vessel safety and employment on fishing vessels: (c) collecting reliable and accurate information about compliance with maritime rules relating to pollution and the discharge of waste material from vessels. (2) The chief executive may appoint any person to be an observer for the purposes of the observer programme under subsection (1), and an observer so appointed has all the powers of an observer under sections 225 and 227. (3) The chief executive may place any observer appointed under this section on any vessel to— (a) observe fishing and the transhipment, transportation, and landing of fish, aquatic life, or seaweed; and (b) collect reliable and accurate information specified in subsection (1). (4) An observer may collect any information on fisheries resources, fishing (including catch and effort information), the effect of fishing on the aquatic environment, and the transportation of fish, aquatic life, or seaweed, or on any other matter, including— (a) the species, quantity, size, age, and condition of fish, aquatic life, or seaweed taken: (b) the methods by which, the areas in which, and the depths at which, fish, aquatic life, or seaweed are taken: (c) the effects of fishing methods on fish, aquatic life, seaweed, and the aquatic environment (including seabirds and protected species): (d) all aspects of the operation of any vessel (including any matter relating to vessel safety, the employment of any person on the vessel, or maritime rules relating to pollution and the discharge of waste material from vessels): (e) processing, transportation, transhipment, storage, or disposal of any fish, aquatic life, seaweed, waste, or any other matter: (f) any other matter that may assist the chief executive or the Minister to obtain, analyse, or verify information for the purposes of fisheries research, fisheries management, and fisheries enforcement: (g) any other matter that may assist any person, department, or agency with statutory responsibilities for vessel safety, employment matters, or maritime rules relating to pollution and the discharge of waste material from vessels to obtain, analyse, or verify information relevant to those responsibilities. (5) No fishery officer or any person with the powers of a fishery officer shall be appointed under subsection (2). (6) No person shall be deemed to be employed in the service of the Crown by reason of that person having been appointed as an observer.

(1) Before placing any observer on a vessel, the chief executive shall give the owner, master, operator, or licence holder, of or in respect of the vessel, reasonable notice of his or her intention to place observers on the vessel. (2) Upon receipt of a notice given under subsection (1), no person shall cause or allow the vessel to which the notice relates to put to sea without having on board the number of observers specified in the notice given under that subsection. (3) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes subsection (2). (4) For the purposes of this section, the term reasonable notice means a notice in writing that specifies a date, not earlier than 5 days after the date of service of the notice, on or after which the vessel is not to be put to sea without having on board the specified number of observers; or such other period or type of notice as may be agreed between the chief executive and the owner, master, operator, or licence holder.

(1) The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall allow the observer, at any reasonable time, having regard to the operations of the vessel, to— (a) have access to the fishing gear and the storage and processing facilities on the vessel: (b) have access to any fish, aquatic life, or seaweed (including seabirds and protected species) on board the vessel: (c) have access to the bridge and the navigation and communications equipment of the vessel: (d) have access to the logs and records of the vessel, whether required to be carried and maintained by or under this Act or otherwise: (da) have access to any safety equipment and to any document concerning the manufacture or operation of the equipment: (db) have access to any person engaged or employed to do work on the vessel so that, if the observer so wishes, the observer may discuss with that person any matter concerning his or her engagement or employment on the vessel: (e) receive and transmit messages and communicate with the shore and other vessels: (f) take, measure, and retain samples or whole specimens of any fish, aquatic life, seaweed, or any seabird or protected species caught: (g) store samples and whole specimens on the vessel, including samples and whole specimens held in the vessel’s freezing facilities. (2) Every person on board a vessel on which there is an observer commits an offense, and is liable to the penalty set out in section 252(3), who— (a) fails to provide reasonable assistance to enable the observer to exercise powers under subsection (1); or (b) hinders or prevents the observer exercising those powers.

(1) The owner, master, or operator of any vessel, or licence holder in respect of any vessel, on which an observer is placed under this Part shall provide food, accommodation, and access to any cooking and toilet facilities and amenities to an approved standard and free of charge. (2) Every person commits an offense and is liable to the penalty set out in section 252(5) who contravenes or fails to comply with subsection (1).

(1) If an observer is on board a vessel— (a) from which, or to which, any fish, aquatic life, or seaweed are transhipped; or (b) from which any fish, aquatic life, or seaweed subject to the quota management system are returned to or abandoned in the sea; or (c) in respect of which any conversion factor certificate may be or has been given under section 188(2); or (d) which is taking or has taken fish, aquatic life, or seaweed outside New Zealand fisheries waters,— the master of the vessel or, in the case of transhipment, the master of each vessel, shall provide such information, and shall allow the observer to carry out such inspections (including sampling and measuring) of the vessel, any fish, aquatic life, or seaweed, taken, processed, transhipped, or landed, and documents, as the observer may require for the purpose of— (e) observing the transhipment, abandonment, or return to sea; or (f) collecting information on the method of processing, and performance of the vessel in undertaking such processing, in order to determine or monitor any conversion factor; or (g) observing the fishing activities of the vessel and the landing and disposal of its catch; or (h) taking, measuring, and retaining samples or whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species caught. (2) An observer may take and make copies of such records, documents, or information as the observer may require for the purposes of subsection (1). (3) An observer may store in the vessel’s freezing facilities such samples and whole specimens of any fish, aquatic life, seaweed, seabirds, or protected species as the observer may require for the purposes of subsection (1). (4) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes or fails to comply with subsection (1).

(1) The chief executive may require, in relation to any vessel, that specified equipment to observe fishing and related activities described in paragraph (e) of the definition of fisheries services in section 2(1) be installed and maintained on the vessel in accordance with regulations made under section 297(1)(ca). (2) Subsection (1) includes power to require that specified equipment be operated throughout or at any time during a vessel’s voyage.

(1) No person shall land, at any place outside New Zealand, any fish, aquatic life, or seaweed taken in New Zealand fisheries waters unless the landing outside New Zealand has the prior approval of the chief executive and is in accordance with any conditions imposed by the chief executive. (2) For the purposes of subsection (1), fish, aquatic life, or seaweed shall be deemed to have been landed at a place outside New Zealand if— (a) it is transported beyond the outer limits of the exclusive economic zone by the vessel that took it; or (b) it is taken (otherwise than from a vessel) and transferred to a vessel and then transported (whether in that vessel or any other vessel) beyond the outer limits of the exclusive economic zone without having been lawfully purchased or acquired by a licensed fish receiver in New Zea‐ land before transportation; or (c) it is transhipped, from the vessel that took the fish, aquatic life, or seaweed, to another vessel. (3) The conditions that may be imposed on any approval granted under subsection (1) include conditions relating to 1 or more of the following: (a) the vessel that will take the fish, aquatic life, or seaweed: (b) any vessel which will receive the fish, aquatic life, or seaweed: (c) the manner and conditions under which the storage, transportation, tran‐ shipment, recording, reporting, landing, and disposal of the fish, aquatic life, or seaweed will take place. (4) [Repealed] (5) Subsection (1) does not apply if the fish, aquatic life, or seaweed was lawfully taken by a person under a foreign fishing licence issued under section 83. (6) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes subsection (1).

commercial fisher: (a) means a person who holds a fishing permit issued under section 91; and (b) for the purposes of sections 72 and 75, includes— (i) a person who holds a high seas fishing permit; and (ii) a person using a New Zealand ship who, in the judgment of the chief executive, holds a valid authority from a foreign country to take highly migratory species in the national fisheries jurisdiction of that foreign country.Holder, in relation to any permit, authority, approval, permission, licence, or certificate, means the person to whom the permit, authority, approval, permission, licence, or certificate has been issued, granted, or given; and holds and held have corresponding meanings. Master, in relation to any vessel, means any person for the time being having command or charge of the vessel. Operator, in relation to a vessel, means the person who, by virtue of ownership, a lease, a sublease, a charter, a subcharter, or otherwise, for the time being has lawful possession and control of the vessel.

Owner: (a) in relation to any vessel, means any person by whom the vessel is owned: (b) in relation to any quota or annual catch entitlement, means the person shown as the owner in the appropriate register kept under Part 8. Vessel means any description of vessel, aircraft, hovercraft, submersible vessel, or other vessel of whatever size.

(1) The Minister shall from time to time determine— (a) the portion of the total allowable commercial catch for a quota management stock that may be taken within the exclusive economic zone; and (b) the portion of the total catch limit (if any) for any stock not subject to the quota management system (including any highly migratory stock) that may be taken within the exclusive economic zone; and (c) the foreign allowable catch for a stock in the exclusive economic zone. (2) The foreign allowable catch for any quota management stock shall be the lesser of— (a) the portion of the total allowable commercial catch for the time being determined for the stock under subsection (1)(a): (b) the Crown’s available annual catch entitlement for the stock. (3) For the purposes of subsection (2)(b), the Crown’s available annual catch entitlement for a stock is the Crown’s holding of annual catch entitlement for the stock that— (a) is generated from unencumbered quota held by the Crown; and (b) remains unsold after the Crown has offered the annual catch entitlement for sale to persons entitled to own quota. (4) The foreign allowable catch for any stock not subject to the quota management system shall be the lesser of— (a) the portion of the total catch limit (if any) for the time being determined under subsection (1)(b): (b) a catch that is sustainable after taking into account the total catch limit (if any) for, and the domestic harvesting capacity of, the stock. (5) For the purposes of this section, the term domestic harvesting capacity, in relation to any stock not subject to the quota management system, means the total domestic commercial catch reported as having been taken in the previous fishing year for the stock by New Zealand fishing vessels within New Zealand fisheries waters, with an appropriate adjustment to allow for— (a) any changes in the harvesting capacity of the domestic commercial fishing fleet due to— (i) recent investment in fishing vessels and fishing equipment; and (ii) catch trends; and (b) non-commercial take and scientific take. (6) If the foreign allowable catch for any quota management stock has been determined under subsection (1)(c) in accordance with subsection (2), the Minister shall set aside an amount of the Crown’s holding of annual catch entitlement for the stock that is equivalent to the amount of the foreign allowable catch, and such annual catch entitlement shall not be used for fishing. (7) Nothing in this section applies in relation to any highly migratory species.

(1) The Minister may from time to time apportion, among countries other than New Zealand, the foreign allowable catch in respect of any stock (other than any highly migratory species) within the exclusive economic zone. (2) In making an apportionment under subsection (1), the Minister shall have regard to— (a) the degree to which fishing vessels of countries other than New Zealand have engaged in fishing within the exclusive economic zone; and (b) the degree to which such countries have co-operated with New Zealand in fisheries research and in the identification of fish stocks within the exclusive economic zone; and (c) the degree to which such countries have co-operated with New Zealand in the conservation and management of fisheries resources within the exclusive economic zone, and in the enforcement of New Zealand law relating to such resources; and (d) the degree to which such countries have complied with any relevant international obligations; and (e) such other matters as the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers to be relevant.

(1) The operator of any foreign fishing vessel who proposes to use that vessel for fishing within the exclusive economic zone may, in the approved form, apply for a licence for that purpose; and— (a) the application shall be made to a place appointed for the purpose by the chief executive by notice in the Gazette; and (b) the application shall be accompanied by the prescribed fee (if any) and shall contain such information as the Minister may from time to time require by notice in the Gazette. (2) The Minister may issue to the operator of any foreign fishing vessel a licence to fish using that vessel within the exclusive economic zone. (2A) In the case of an application to fish for any highly migratory species, the Minister may issue a licence under subsection (2) only if the Minister considers that to do so would be consistent with the optimum utilisation of that species within the exclusive economic zone. (3) Before issuing a licence under this section, the Minister— (a) must have regard to the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel’s owner, operator, master, or crew; and (b) may have regard to such other matters as the Minister considers to be relevant. (4) A licence may be issued under this section upon or subject to conditions relating to all or any of the following matters: (a) the areas within the exclusive economic zone in which fishing is author‐ ised: (b) the seasons, times, and particular voyages during which fishing is authorised: (c) the species, size, age, and quantities of fish, aquatic life, or seaweed that may be taken: (d) the methods by which fish, aquatic life, or seaweed may be taken: (e) the types, size, and amount of fishing gear or equipment that may be used or carried and the modes of storage of that gear or equipment when not in use: (f) the use, transfer, transhipment, landing, receiving, and processing of fish, aquatic life, or seaweed taken: (g) procedures or requirements, or both, enabling the verification of fish, aquatic life, or seaweed taken or being taken by the vessel, including procedures or restrictions relating to the species of, quantities of, or areas from which, fish, aquatic life, or seaweed are being or have been taken by the vessel: (h) entry by the vessel to New Zealand ports, whether for the inspection of its catch or for other purposes: (i) the compensation payable to New Zealand citizens or to the Crown in the event of any loss or damage caused by the vessel to other vessels or their gear, equipment or catch, or to pipelines or cables, or to other New Zealand interests: (j) reports and information required to be given to the chief executive by the licence holder, including reports and information relating to— (i) catch and effort: (ii) the positions and activities of the vessel: (k) management controls regarding fishing-related mortality of protected species: (l) the conduct of specified programmes of fisheries research: (m) the display on board the vessel of the licence issued in respect of the vessel: (n) the marking of the vessel and other means for its identification: (o) the placing of observers on the vessel and the payment of any associated prescribed fees and charges by the licence holder: (p) the installation on the vessel and the maintenance of any automatic location communicator or other equipment for the identification and location of the vessel, and of adequate navigational equipment to enable the vessel to fix its position: (q) the carriage on board the vessel of specified charts, publications, and instruments: (r) such other matters as the Minister considers necessary or expedient for the purpose of this Act or any other enactment or otherwise. (5) The Minister may at any time, by notice in writing to the licence holder,— (a) amend or revoke any provision or condition of a licence issued under this section; or (b) add new provisions or conditions to any such licence— with effect on and from a date specified in the notice. (6) In exercising powers under this section, the Minister shall ensure that the total catch authorised to be taken from any stock within the exclusive economic zone by vessels licensed under this section that are vessels of a particular country does not exceed that country’s apportionment for that stock under section 82.

(1) No person may take any fish, aquatic life, or seaweed within the exclusive economic zone using a foreign fishing vessel except— (a) under the authority of— (i) a licence issued under section 83; or (ii) if the vessel is used for the purposes of fisheries research or exper‐ imentation (including gear and equipment trials) or recreation, the prior written consent of the Minister; and (b) in accordance with any conditions of that licence or consent. (2) Consent under subsection (1)(a)(ii) may be given unconditionally or upon or subject to such conditions, including the payment of fees, as the Minister thinks fit. (3) Every person commits an offense and is liable to the penalty set out in section 252(2) who contravenes subsection (1)(a). (4) Every person commits an offense and is liable to the penalty set out in section 252(3) who contravenes subsection (1)(b).

Every person to whom a licence has been issued under this Part shall pay to the Crown, in such manner as may be prescribed, such fees, royalties, and charges as may be prescribed under section 297 or section 299.

(1) If the Minister is satisfied that— (a) an offense against this Act or any other New Zealand law that applies to fishing within New Zealand fisheries waters has been committed by the owner, operator, master, or crew member of a foreign fishing vessel; or (b) any licence holder, master, or crew member of a foreign fishing vessel has failed to pay to the Crown, within the time limit set out in section 88(9), the amount of any penalty imposed on that person under that section by the Minister,—the Minister may suspend the licence for such period as he or she shall specify or may revoke the licence. (2) If the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers that it is necessary or expedient to achieve the purpose of this Act or to recognise any international obligation relating to fishing, the Ministry may suspend any licence for such period as he or she shall specify or may revoke any licence. (3) While suspended under this section, a licence does not authorise fishing, but the obligations and conditions imposed by the licence, or imposed by or under this Act in relation to it, shall continue to have effect. (4) Any person may request the Minister to revoke any licence issued to that person, and, upon revocation of that licence under this subsection,— (a) the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and (b) the licence shall cease to have any effect for the purpose of this Act. (5) The Minister may revoke any licence if satisfied that any information or evidence supplied with the application was false or misleading in any material particular, and, upon revocation under this subsection,— (a) the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and (b) the licence shall cease to have any effect for the purpose of this Act. (6) Any revocation of a licence under subsection (5) shall be deemed to have effect on and from the date of issue of the licence; but nothing in that subsection requires the Minister to remit or refund any fees or charges paid or payable in respect of that licence from the date the licence was issued to the date of revocation.

(1) If the Minister is satisfied that— (a) an offense against this Act or any other New Zealand law that applies to fishing within New Zealand fisheries waters has been committed by the owner, operator, master, or crew member of a foreign fishing vessel; or (b) any licence holder, master, or crew member of a foreign fishing vessel has failed to pay to the Crown, within the time limit set out in section 88(9), the amount of any penalty imposed on that person under that section by the Minister,— the Minister may suspend the licence for such period as he or she shall specify or may revoke the licence. (2) If the Minister, after consultation with the Minister of Foreign Affairs and Trade, considers that it is necessary or expedient to achieve the purpose of this Act or to recognise any international obligation relating to fishing, the Ministry may suspend any licence for such period as he or she shall specify or may revoke any licence. (3) While suspended under this section, a licence does not authorise fishing, but the obligations and conditions imposed by the licence, or imposed by or under this Act in relation to it, shall continue to have effect. (4) Any person may request the Minister to revoke any licence issued to that person, and, upon revocation of that licence under this subsection,— (a) the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and (b) the licence shall cease to have any effect for the purpose of this Act. (5) The Minister may revoke any licence if satisfied that any information or evidence supplied with the application was false or misleading in any material particular, and, upon revocation under this subsection,— (a) the licence holder shall ensure that the licence and any duplicates are surrendered to the Minister; and (b) the licence shall cease to have any effect for the purpose of this Act. (6) Any revocation of a licence under subsection (5) shall be deemed to have effect on and from the date of issue of the licence; but nothing in that subsection requires the Minister to remit or refund any fees or charges paid or payable in respect of that licence from the date the licence was issued to the date of revocation.

(1) No person shall take any fish, aquatic life, or seaweed by any method unless the person does so under the authority of and in accordance with a current fishing permit. (2) Subsection (1) does not apply to the taking of— (a) fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any amateur fishing regulations made under, and any other requirements imposed by, this Act; or (b) fish, aquatic life, or seaweed by any natural person otherwise than for the purpose of sale and in accordance with any Maori customary noncommercial fishing regulations made under, and any other requirements imposed by, this Act; or (c) any seabirds or protected species; or (d) any whitebait, sports fish, ornamental fish, or unwanted aquatic life; or (e) fish, aquatic life, or seaweed by any person in accordance with an authorisation given under the Marine Reserves Act 1971; or (f) seaweed of the class Rhodophyceae while it is unattached and cast ashore; or (g) samples of fish, aquatic life, or seaweed under the authority of sections 304 and 312 of the Food Act 2014 by a food safety officer as defined in that Act or by a person assisting such an officer; or (h) samples of fish, aquatic life, or seaweed under the authority of section 6 of the Meat Act 1981 by an inspector as defined in that Act or by a person assisting such an inspector; or (ha) samples of fish, aquatic life, or seaweed under the authority of Part 7 of the Animal Products Act 1999 by an animal product officer or official assessor as defined in that Act, or by a person assisting such an officer or assessor; or (i) fish, aquatic life, or seaweed under the authority of a foreign fishing vessel licence issued under section 83; or (j) fish, aquatic life, or seaweed in accordance with a freshwater fish farming licence issued under the Freshwater Fish Farming Regulations 1983 or a marine farming permit or spat catching permit issued or granted under the Fisheries Act 1983 or this Act. (2A) Despite subsection (1), a person may take fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C if it is taken as the inevitable consequence of the taking of other fish, aquatic life, or seaweed under the authority of and in accordance with a current fishing permit. (2B) [Repealed] (3) For the purposes of subsection (1), no person shall take any fish, aquatic life, or seaweed under the authority of a fishing permit unless that person is— (a) the holder of that fishing permit; or (b) a person who is an employee or agent of the holder of that fishing permit; or (c) the master or a member of the crew of a fishing vessel that is registered in the name of the holder of that fishing permit. (4) For the purposes of subsection (1), no person shall take,— (a) in the case of a fishing permit that authorises the taking of freshwater eels, any freshwater eel; or (b) if the fishing occurs otherwise than from a vessel, any fish, aquatic life, or seaweed— under the authority of a fishing permit unless that person is the holder of that permit or belongs to the class of persons referred to in paragraph (b) or paragraph (c) of subsection (3) and is named in an agreement approved by the chief executive under subsection (5) before the taking occurred. (5) The chief executive may approve an agreement for the purpose of subsection (4) if— (a) the agreement is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and (b) the agreement is signed by all persons for whom authority to take under the fishing permit is being sought, and by the holder of the fishing permit; and (c) the number of persons for whom authority to take under the fishing permit is being sought does not exceed the total number of persons (if any) permitted in accordance with subsection (8). (6) The chief executive may approve a variation of an agreement approved under subsection (5) that adds or deletes the name of any person to or from the agreement, if— (a) the variation is submitted to the chief executive in the approved form and is accompanied by the prescribed fee (if any); and (b) the variation is signed by the persons for whom new authority to take under the fishing permit is being sought, and the holder of the fishing permit; and (c) the number of persons who will have authority to take under the fishing permit will not exceed the total number of persons (if any) permitted in accordance with subsection (8). (7) Agreements under subsection (5) and variations under subsection (6) shall not take effect until approved by the chief executive. (8) The chief executive may impose a condition on a fishing permit under section 92(1) that authorises the taking of freshwater eels limiting the total number of persons who may be named in any agreement under subsection (5). (8A) Subsections (4) to (8) do not apply to the taking of freshwater eels that are subject to the quota management system. (9) No person shall at any time hold more than 1 fishing permit. (10) No fishing permit holder may transfer that permit to any other person. (11) [Repealed] (12) Every person commits an offense and is liable to the penalty set out in section 252(3) who takes any fish, aquatic life, or seaweed in contravention of subsection (1), or contravenes subsection (9) or subsection (10).

(1) Subject to subsections (2) to (6) and to sections 93 and 93A, the chief executive must issue to every person who applies for a fishing permit under this Act an appropriate fishing permit in the approved form for a period not exceeding 5 years. (2) A fishing permit may, but is not required to, be issued to any person who owes the Crown any levy payable under Part 14. (3) A fishing permit authorises the taking of— (a) any stocks that are subject to the quota management system; and (b) any stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and (c) any stocks or species listed in Schedule 4C that are listed on a fishing permit held by the commercial fisher. (4) Despite section 93 but subject to section 306 of the Ngāi Tahu Claims Settlement Act 1998, the chief executive may issue a fishing permit under this section for any beach cast seaweed, except seaweed to which section 89(2)(f) applies. (5) Before issuing a fishing permit to an applicant, the chief executive may require the applicant to provide a suitable third party guarantee, or bond, in an amount specified by the chief executive. (6) No fishing permit may be issued to any person who— (a) is a person who has unpaid deemed value amounts in excess of $1,000 that are overdue, or is a person who is treated by section 79(5) as included with that person; or (b) is a person whose fishing permit is suspended under section 79A; or (c) the chief executive believes, on reasonable grounds, is a person whose fishing permit, if they had one, would be suspended under section 79A(1).

(1) A fishing permit must— (a) state that it authorises the taking of— (i) stocks that are subject to the quota management system; and (ii) stocks or species that are neither subject to the quota management system nor listed in Schedule 4C; and (b) list those stocks or species listed in Schedule 4C that the fishing permit holder, following application by that permit holder, is authorised to take. (1A) A fishing permit may be subject to any conditions that the chief executive considers appropriate, including— (a) conditions relating to— (i) areas or methods: (ii) the use or non-use of vessels, and the specific vessel (if any) that may be used: (iii) types and amounts of fishing gear: (iv) the taking or handling of fish, aquatic life, or seaweed: (v) places where fish, aquatic life, or seaweed may be landed: (vi) periods of time within which the permit holder may take fish, aquatic life, or seaweed: (b) conditions that the chief executive may impose under section 78(6) as conditions of an approval to take fish, aquatic life, or seaweed despite a commercial fisher’s catch having exceeded an over-fishing threshold or tolerance level. (2) The chief executive may from time to time, by written notice to a fishing permit holder, amend, add, or revoke any conditions of the permit, to take effect from a date specified in the notice. (3) The conditions that may be imposed on fishing permits under this section may be more restrictive or more onerous than the conditions imposed on fishing by any regulations or notice. (4) The chief executive may, if the chief executive considers it expedient to do so, require the holder of a fishing permit to surrender the permit and may replace that fishing permit with a new fishing permit containing the new conditions. (5) The conditions referred to in this section shall be substantially the same for all fishing permits in respect of the same stock, unless the chief executive is satisfied, on stated grounds, that different conditions are reasonable. (6) Every person commits an offense and is liable to the penalty set out in section 252(5) who contravenes any condition placed on any fishing permit by the chief executive under this section.

(1) Subject to section 93A, no fishing permit authorising the taking of fish, aquatic life, or seaweed of a stock or species listed in Schedule 4C shall be issued to any person unless either— (a) all of the following apply: (i) on 30 September 1992, that person held a current fishing permit under section 63 of the Fisheries Act 1983 in respect of stocks not subject to a quota management system under that Act; and (ii) during the period commencing on 1 October 1990 and ending with the close of 30 September 1992, that person lawfully took fish, aquatic life, or seaweed under the authority of the fishing permit held by that person; and (iii) the chief executive is satisfied that the fish, aquatic life, or sea‐ weed taken by that person, during that period were— (A) 1 or more of the stocks named in the fishing permit held by that person; and (B) caught as a target stock (other than bycatch); or (b) a fishing permit was issued to that person under section 2(2) of the Fisheries Amendment Act 1994. (2) A fishing permit issued under subsection (1) shall not authorise a person to take a stock or species listed in Schedule 4C, unless either— (a) the stock— (i) is of the same species as 1 or more of the stocks referred to in subsection (1)(a)(iii)(A) that were caught as a target stock (other than bycatch) during the period referred to in subsection (1)(a)(ii); and (ii) was named in the fishing permit held by that person on 30 September 1992; or (b) in the case of a fishing permit issued to a person referred to in subsection (1)(b), the stock was named on the permit issued to that person under section 2(2) of the Fisheries Amendment Act 1994. (3) In satisfying himself or herself on any matter under this section, the chief executive shall only have regard to information from fishing records or returns duly completed and provided before 15 October 1992 in the prescribed manner or in accordance with requirements made under section 66(3) of the Fisheries Act 1983. (4) This section does not apply to tuna.

(1) If the chief executive revokes a fishing permit under section 305A,— (a) the fishing permit must be immediately cancelled; and (b) the holder must ensure that the fishing permit and any duplicates are forthwith surrendered to the chief executive; and (c) no fish, aquatic life, or seaweed taken after the date of the supply of the false or misleading information may be regarded as eligible catch for the purposes of section 34; and (d) no individual catch entitlement under the permit entitles the holder to an allocation of any quota. (2) A person may request the chief executive to revoke any fishing permit issued to that person, and shall enclose the fishing permit and any duplicates with the request; and, upon revocation, the fishing permit shall cease to have any effect for the purpose of this Act. (3) Nothing in this section shall require the chief executive to remit or refund any fees, charges, or levies paid or payable by the fishing permit holder for the period from the date of issue of the permit to the date of revocation.

(1) A person must not use a fishing vessel, or any tender of that fishing vessel, to take fish, aquatic life, or seaweed for sale, in New Zealand fisheries waters, unless— (a) the vessel is a New Zealand ship or has been exempted under section 103A(1) from that requirement; and (b) the vessel is registered under this section in the Fishing Vessel Register as a fishing vessel; and (c) that person complies with all conditions of registration. (2) An application to register a fishing vessel must— (a) be made by the operator of that fishing vessel; and (b) be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any); and (c) be supported by evidence of the vessel’s registration as a New Zealand ship or its exemption under section 103A(1), and any other evidence that may be specified in the approved form. (3) Consent under section 103A(4) is required before a foreign-owned vessel (other than a vessel owned or operated by an overseas person who has obtained consent under the overseas investment fishing provisions or is exempt from the requirement for that consent) may be registered as a fishing vessel. (4) If the chief executive, having received an application made in accordance with this section, is satisfied that the vessel is registered as a New Zealand ship or has been exempted under section 103A(1) from that requirement, and is otherwise eligible to be registered under this section, he or she must, as soon as practicable,— (a) register the fishing vessel,— (i) in the case of a New Zealand ship, for a period not exceeding 5 years; or (ii) in the case of a vessel exempted from the requirement to be a New Zealand ship, for the relevant period under section 103A(3): (b) issue to the operator a certificate of registration in respect of that vessel. (5) All conditions of the chief executive’s consent to the registration of a vessel in the Fishing Vessel Register are deemed for all purposes to be conditions of the registration of the vessel. (6) This section does not require that a vessel be registered as a fishing vessel merely because it is used to take fish, aquatic life, or seaweed produced as part of a lawful fish farming operation. (7) A person commits an offense and is liable to the penalty set out in section 252(5) if the person contravenes subsection (1).

(1) The chief executive may, on application, exempt a vessel from the requirement to be a New Zealand ship if satisfied that— (a) the vessel will be used only for carrying out fisheries-related research commissioned or approved by the chief executive; and (b) the operator of the vessel or, if the operator is an overseas person, the authorised agent has made reasonable efforts to find a replacement vessel that is a New Zealand ship but was unsuccessful; and (c) the exemption will be in New Zealand’s interests; and (d) there will be sufficient New Zealand control of the operations of the vessel during the period for which it is exempted. (2) An application under subsection (1) must— (a) be made by the operator of the vessel or, if the operator is an overseas person, by the authorised agent; and (b) be made in the approved form; and (c) be accompanied by the prescribed fee and the evidence specified in the approved form. (3) An exemption may be granted for the period specified in the special permit issued for the purposes of the fisheries-related research. (4) For the purposes of section 103(3), the chief executive may— (a) grant consent, either generally or particularly, to the registration of 1 or more foreign-owned vessels operated by any person; and (b) grant consent under this section subject to any conditions that the chief executive thinks fit to impose (and such conditions may include, but are not limited to, conditions that relate to fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels). (5) The chief executive must have regard to the following matters before deciding whether or not to grant consent under this section: (a) any risk associated with fisheries management, employment, vessel safety, or compliance with maritime rules relating to pollution and the discharge of waste material from vessels that the chief executive considers would be likely to result if the vessel were to be registered; and (b) the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel’s owner, operator, foreign charter party, notified user, master, or crew; and (c) the nature of the charter or other agreement with the operator (if any); and (d) any other matters that the chief executive considers relevant. (6) The chief executive may, from time to time, by written notice to the operator of a vessel with effect from the date specified in the notice amend, add to, or revoke any conditions of the consent to the registration of the vessel. (7) If the chief executive grants an exemption under subsection (1) from the requirement to be a New Zealand ship, or if a vessel is owned or operated by an overseas person who has obtained consent under the overseas investment fishing provisions or is exempt from the requirement for that consent, the following provisions apply while the vessel is in New Zealand fisheries waters: (a) for the purposes of the Minimum Wage Act 1983, the Wages Protection Act 1983, and any provisions of any other enactments that are necessary to give full effect to those Acts, a person engaged or employed to do work on the vessel who holds a temporary entry class visa with conditions that allow the person to work under the Immigration Act 2009 is deemed to be an employee: (b) for the purposes of the Minimum Wage Act 1983, the Wages Protection Act 1983, and any provisions of any other enactments that are necessary to give full effect to those Acts, the employer of a person referred to in paragraph (a) is deemed to be,— (i) if the operator of the vessel is the employer or contractor of those persons, the operator: (ii) in any other case, the person from whom the operator has, by virtue of a lease, a sublease, a charter, a subcharter, or otherwise, for the time being obtained possession and control of the vessel: (c) for the purpose of determining whether the payment to any person engaged or employed to do work on any such vessel meets the requirements of the Minimum Wage Act 1983, the hours of work of, the payments received by, and the entitlements to payment of that person must be assessed in relation to the whole of each period of such engagement or employment in New Zealand fisheries waters: (d) Labour Inspectors within the meaning of the Employment Relations Act 2000 may exercise their powers under that Act and under the enactments referred to in paragraph (a) within New Zealand fisheries waters in respect of any person deemed to be an employee or employer by virtue of paragraph (a) or (b): (e) if the operator of any vessel is not the employer by virtue of paragraph (b), then, despite any responsibility that may rest with the employer, the authorised agent referred to in subsection (2) is responsible under the enactments referred to in paragraph (a) for providing any information and records to any Labour Inspector exercising powers under those Acts: (f) the authorised agent referred to in subsection (2) may be served with any documents requiring service under any of the enactments referred to in paragraph (a), and such service is deemed to be service on the employer: (g) the Employment Relations Authority and the Employment Court may exercise jurisdiction in respect of any employment relationship that arises by virtue of paragraph (a) or (b) as if it were a lawful employment relationship subject to New Zealand law.

(1) Every application to become a notified user in relation to a fishing vessel shall— (a) be made jointly by the operator in whose name the fishing vessel is registered and the person who is to be the notified user in relation to the vessel; and (b) be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any). (2) Upon receipt of an application made in accordance with subsection (1), the chief executive shall, as soon as practicable,— (a) note the name of the notified user on the Fishing Vessel Register; and (b) issue to the operator and the notified user a certificate of notification in respect of the notified user. (3) No person may be a notified user in relation to a foreign-owned New Zealand fishing vessel. (4) No overseas person shall be a notified user in relation to a fishing vessel.

(1) No person shall use any vessel for the transportation of fish, aquatic life, or seaweed taken for sale within New Zealand fisheries waters unless— (a) the vessel is registered in the Fishing Vessel Register as either a fish carrier or a fishing vessel, and— (i) that person is named in that register as an operator or notified user of that vessel; and (ii) that person complies with all conditions of registration (if any) and the conditions of any consent given by the chief executive under subsection (4); or (b) the fish, aquatic life, or seaweed was lawfully landed in New Zealand and then lawfully purchased or acquired by a licensed fish receiver prior to transportation; or (c) the fish, aquatic life, or seaweed was produced as part of a lawful fish farming operation; or (d) the fish, aquatic life, or seaweed was lawfully taken and landed in New Zealand, and the person is transporting that fish, aquatic life, or seaweed as the agent of the commercial fisher who took the fish, aquatic life, or seaweed. (2) Every application to register a fish carrier (other than a vessel that is registered as a fishing vessel under this Act) shall— (a) be made by the operator of that fish carrier; and (b) be made to the chief executive in the approved form and be accompanied by the prescribed fee (if any); and (c) in the case of an operator who is an overseas person, specify the name and address of a person (other than an overseas person) to be the authorised agent of that person for the purpose of this Act; and (d) be supported by such evidence as may be specified in the form. (3) If the chief executive, having received an application made in accordance with this section, is satisfied that the vessel is eligible to be registered, he or she shall, as soon as practicable,— (a) register the fish carrier for a specified period not exceeding 5 years; and (b) issue to the operator a certificate of registration in respect of that vessel. (4) No vessel shall be registered under this section unless the chief executive has consented, either generally or particularly, to registration of the vessel or vessels operated by that person; and any consent under this subsection may be granted subject to such conditions as the chief executive thinks fit to impose. (5) In considering whether to consent to the registration of a vessel under subsection (4), the chief executive shall have regard to— (a) the previous offending history (if any), in relation to fishing or transportation (whether within the national fisheries jurisdiction of New Zealand or another country, or on the high seas), of the vessel’s owner, operator, foreign charterparty, notified user, master, or crew; and (b) the nature of the charter or other agreement with the operator (if any); and (c) such other matters as the chief executive considers relevant. (6) Every person commits an offense and is liable to the penalty set out in section 252(5) who contravenes subsection (1). (7) In proceedings for an offense relating to a contravention of subsection (1),— (a) the prosecutor need not assert in the charging document that the exceptions set out in paragraphs (b) to (d) do not apply; and (b) the burden of proving that any of the exceptions set out in paragraphs (b) to (d) applies lies on the defendant.

(1) Nothing in section 103 or section 105 applies to any foreign fishing vessel licensed under Part 5 to engage in fishing within the exclusive economic zone. (2) Nothing in section 103 or section 105, or in any entry in the Fishing Vessel Register, confers, takes away, or in any way affects the title to, or any interest in, any vessel.

(1) [Repealed] (2) [Repealed] (3) A person may request the chief executive to cancel the registration of any vessel registered in that person’s name and shall enclose the certificate of registration and any duplicates with the request; and, upon cancellation, the registration shall cease to have any effect for the purpose of this Act. (4) If a vessel is lost or destroyed, the operator shall immediately notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of that vessel. (5) If,— (a) in the case of an operator who is an individual, the operator dies; or (b) in the case of an operator who is an incorporated company, the operator is dissolved,— the operator’s successors, representatives, or assigns shall, as soon as practic‐ able, notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of that vessel. (6) The chief executive must, as soon as practicable, ensure that the registration of a vessel is cancelled if— (a) the vessel is forfeit to the Crown; or (b) the chief executive has decided, on reasonable grounds and after receipt of advice from the Secretary of Labour, that a breach of any statutory provision referred to in section 103(5) has occurred. (7) For the purposes of subsection (6), reasonable grounds for a belief that a breach has occurred includes— (a) advice from the Secretary of Labour that a decision or order of the Employment Relations Authority or Employment Court has been made to that effect: (b) advice from the Secretary of Labour to the effect that any information or records requested, whether from an authorised agent in accordance with section 103(5)(d) or from the employer, have not been provided. (8) If the ownership of any vessel registered under this Act changes to such an extent that the consent of the chief executive under section 103 or section 105 would be required to register that vessel, the operator shall immediately notify the chief executive of that occurrence and the chief executive shall immediately cancel the registration of the vessel. (9) Every person commits an offense and is liable to the penalty set out in section 252(5) who contravenes any requirement to notify the chief executive of any matter under subsection (4) or subsection (5) or subsection (8).