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Fisheries Act 1996

Sustainability measures

15: Fishing-related mortality of marine mammals or other wildlife

You could also call this:

"Protecting marine animals from fishing harm"

Illustration for Fisheries Act 1996

The Minister wants to protect marine mammals and other wildlife from fishing. You need to know that the Minister will follow a plan to ensure fishing does not harm these animals too much. The Minister can take steps to stop fishing from harming protected species. If there is no plan, the Minister can still take action to protect these animals. The Minister can ask people for information about fishing and how it affects wildlife. You can check the Wildlife Act 1953 and the Marine Mammals Protection Act 1978 for more information. The Minister can also make rules to stop fishing in certain areas to protect wildlife. If someone does not follow these rules, they can get in trouble. You can learn more about this in the Legislation Act 2019.

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View the original legislation for this page at https://legislation.govt.nz/act/public/1986/0120/latest/link.aspx?id=DLM395524.

Topics:
Environment and resources > ConservationEnvironment and resources > Farming and fishing
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Part 3Sustainability measures

15Fishing-related mortality of marine mammals or other wildlife

  1. If a population management plan has been approved under section 14F of the Wildlife Act 1953 or section 3E of the Marine Mammals Protection Act 1978, the Minister—

  2. shall take all reasonable steps to ensure that the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded:
    1. may take such other measures as he or she considers necessary to further avoid, remedy, or mitigate any adverse effects of fishing on the relevant protected species.

      1. In the absence of a population management plan, the Minister may, after consultation with the Minister of Conservation, take such measures as he or she considers are necessary to avoid, remedy, or mitigate the effect of fishing-related mortality on any protected species, and such measures may include setting a limit on fishing-related mortality.

      2. The Minister may require, or authorise the chief executive to require, any person or class of persons listed in section 189 to give to the Minister or the chief executive such information relating to fishing-related mortality as the Minister or chief executive, as the case may be, considers necessary, and may require, or authorise the chief executive to require, such information to be given in the approved manner and form.

      3. The Minister may recommend the making of such regulations under section 298 as the Minister considers necessary or expedient for the purpose of implementing any measures referred to in subsection (1) or subsection (2) or subsection (3).

      4. The Minister may, by notice, prohibit all or any fishing or fishing methods in an area either—

      5. under subsection (1)(a), for the purpose of ensuring the maximum allowable fishing-related mortality level set by the relevant population management plan is not exceeded; or
        1. under subsection (2), for the purpose of ensuring that any limit on fishing-related mortality is not exceeded.

          1. Every person commits an offence and is liable to the penalty set out in section 252(5) who fails to comply with any notice given under subsection (5).

          2. A notice under subsection (5) is secondary legislation (see Part 3 of the Legislation Act 2019 for publication requirements).

          Notes
          • Section 15(5): amended, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).
          • Section 15(7): inserted, on , by section 3 of the Secondary Legislation Act 2021 (2021 No 7).